Max Edward Gibson v. the Office of the Attorney General of Texas ( 2023 )

Opinion issued August 10, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00035-CV
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MAX EDWARD GIBSON, Appellant
V.
OFFICE OF THE ATTORNEY GENERAL OF TEXAS, Appellee
On Appeal from the 424th District Court
Burnet County, Texas1
Trial Court Case No. 34,767
MEMORANDUM OPINION
1
Pursuant to its docket equalization authority, the Supreme Court of Texas
transferred this appeal to this Court. See Misc. Docket No. 22–9115 (Tex. Dec. 20,
2022); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer of cases);
TEX. R. APP. P. 41.3
Appellant, Max Edward Gibson, proceeding pro se, filed a notice of appeal
from the trial court’s September 8, 2022 order in this suit for modification of a
support order. Appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a)
(governing time to file brief).
The reporter’s record was filed on March 2, 2023, and the clerk’s record was
filed on March 17, 2023. Accordingly, appellant’s brief was due to be filed on or
before April 17, 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 Kelly, Landau, and Farris.
2