Opinion

Lizzie Lovall and Webster W. Lovall, Keith L. Shaw v. Gow-Ming Chao and Chia-Li Chao

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Feb 15, 2011
Status
Published
Cited by
0 cases

The opinion

Opinion

issued February 15, 2011

In The

Court of Appeals

For The

First District of Texas

NO. 01 B 09 B 00137 B CV

LIZZIE LOVALL, WEBSTER

LOVALL, AND KEITH L. SHAW, Appellants

V.

GOW-MING CHAO AND CHIA-LE

CHAO, Appellees

On Appeal from the 270th

District Court

Harris County, Texas

Trial Court Cause No.

0672152

MEMORANDUM

OPINION

Appellants, Lizzie Lovall, Webster Lovall,

and Keith L. Shaw, have failed to timely file a brief. See Tex.

R. App. P. 38.8(a) (failure of appellant to file brief).

Generally, an appellant’s brief is due 30 days after the complete record

has been filed. See Tex. R. App. P .

38.6. When, as here, no reporter’s

record has been filed due to the “fault” of the appellants, the appeal may move

forward without the reporter’s record. See Tex.

R. App. P . 37.3(c).

The Court has issued numerous notices and orders in this case, requiring

appellants to file their brief and advising that the Court may dismiss the

appeal without further notice if no brief is filed by the deadline. See Tex.

R. App. P . 42.3(b) (allowing involuntary dismissal of case).

In addition, the Court has granted three extensions of time to file the

brief. Appellants’ fourth request for an

extension to file their brief was denied, as was their motion for en banc

reconsideration. Appellants still have

not filed a brief.

Accordingly, w e dismiss the appeal for want of prosecution.

We dismiss any pending motions as moot.

PER

CURIAM

Panel consists of Justices Jennings, Higley, and Brown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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