Eid Shenouda v. Norna Safwat Tawfik Farag ( 2022 )

NUMBER 13-22-00187-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
EID SHENOUDA, Appellant,
v.
NORNA SAFWAT TAWFIK FARAG, Appellee.
On appeal from the 24th District Court
of Victoria County, Texas.
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Silva
Memorandum Opinion by Justice Longoria
Appellant Eid Shenouda filed a notice of appeal in this cause on April 25, 2022.
The clerk’s record was filed on June 1, 2022, and the reporter’s record was filed on July
29, 2022. On July 29, 2022, the Clerk of the Court advised appellant that the briefing time
schedule had begun. Thus, appellant’s brief was due on August 29, 2022. On August 31,
2022, and again on October 26, 2022, the Clerk notified appellant that the brief had not
been timely filed and that the appeal would be dismissed for want of prosecution unless
appellant reasonably explained the failure to timely file a brief and the appellee would not
be significantly injured by a late filing. See TEX. R. APP. P. 38.8(a), 42.3(b), (c). Each of
the Clerk’s notices required appellant to provide a response to the Court within ten days.
However, appellant has not responded to either notice or filed the brief in this matter.
Now, appellee Norna Safwat Tawfik Farag has filed a motion to dismiss this appeal based
on appellant’s failure to prosecute the appeal.
The Court, having examined and fully considered the foregoing sequence of
events and appellee’s motion to dismiss the appeal, is of the opinion that appellee’s
motion to dismiss should be granted. Accordingly, we grant the motion to dismiss and we
dismiss the appeal for want of prosecution and because appellant failed to comply with
the requirements of the appellate rules and directives from the Clerk. See id. R. 38.8(a)(1),
42.3(b), (c).
NORA L. LONGORIA
Justice
Delivered and filed on the
17th day of November, 2022.
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