Sokthy Doeung v. Banan San Doeung

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-20-00391-CV
___________________________
SOKTHY DOEUNG, Appellant
V.
BANAN SAN DOEUNG, Appellee
On Appeal from the 231st District Court
Tarrant County, Texas
Trial Court No. 231-642673-18
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
On March 18, 2021, we notified appellant that his brief had not been filed as
the appellate rules require. See Tex. R. App. P. 38.6(a). We stated that we could
dismiss the appeal for want of prosecution unless, within ten days, appellant filed with
the court an appellant’s brief and an accompanying motion reasonably explaining the
brief’s untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b),
38.8(a)(1), 42.3(b). We have received no response.
Because appellant has failed to file a brief even after we afforded an
opportunity to explain the initial failure, we dismiss the appeal for want of
prosecution. 1 See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).
Appellant must pay all costs of this appeal.
Per Curiam
Delivered: April 29, 2021
1
We deny appellee’s motion to dismiss the appeal as moot. See Hays St. Bridge
Restoration Grp. v. City of San Antonio, 570 S.W.3d 697, 702 (Tex. 2019); Kadyebo v. CJ
Heritage Apts., No. 02-11-00494-CV, 2012 WL 1947347, at *1 (Tex. App.—Fort
Worth May 31, 2012, no pet.) (per curiam) (mem. op.).
2