In the Estate of Jerry D. Moton v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00244-CV
IN THE ESTATE OF Jerry D. MOTON
From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 2009PC3816
Honorable Veronica Vasquez, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: June 28, 2023
DISMISSED FOR WANT OF PROSECUTION
On April 5, 2023, the reporter’s record was filed. On April 14, 2023, the clerk’s record was
filed. Accordingly, the appellant’s brief was due on May 15, 2023. See TEX. R. APP. P. 38.6(a). On
May 18, 2023, when neither the appellant’s brief nor a motion for extension of time was filed, we
ordered appellant, on or before May 30, 2023, to file her appellant’s brief and a response
reasonably explaining (1) her failure to timely file her appellant’s brief and (2) why appellee is not
significantly injured by appellant’s failure to timely file a brief. We explained that if appellant
failed to file a brief and the written response by the date ordered, we would dismiss this appeal for
want of prosecution. See TEX. R. APP. P. 38.8(a).
04-23-00244-CV
Appellant has not filed an appellant’s brief or a written response. We therefore dismiss this
appeal for want of prosecution. See id. The motion to dismiss filed by appellee on April 26, 2023
is denied as moot.
PER CURIAM
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