Durraine Jones v. Streetlane Homes ( 2023 )

Opinion issued August 15, 2023 In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00835-CV ——————————— DURRAINE JONES, Appellant V. STREETLANE HOMES, Appellee On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1189601 MEMORANDUM OPINION Appellant, Durraine Jones, proceeding pro se, filed a notice of appeal from the trial court’s October 31, 2022 judgment. Appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed on January 13, 2023, and the reporter’s record was filed on March 23, 2023. Accordingly, appellant’s brief was due to be filed on or before April 24, 2023. See TEX. R. APP. P. 38.6(a). Appellant did not file an appellant’s brief. On May 2, 2023, the Clerk of this Court notified appellant that this appeal was subject to dismissal unless a brief, or a motion to extend time to file a brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from Clerk of Court). Despite the notice that this appeal was subject to dismissal, appellant did not adequately respond. Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3(b), 43.2(f). All pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Goodman, Rivas-Molloy, and Guerra. 2