Lynne Duggan v. Tanglewood Villa Owners Association, Inc. Appeal from 397th Judicial District Court of Grayson County (memorandum opinion)
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Dismissed and Opinion Filed April 21, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01099-CV LYNNE DUGGAN, Appellant V. TANGLEWOOD VILLA OWNERS ASSOCIATION, INC., Appellee On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-16-0304 MEMORANDUM OPINION Before Justices Francis, Brown, and Schenck Opinion by Justice Francis Before the Court is appellant’s April 19, 2017 fifth motion to extend time to file her brief. A review of this appeal shows the clerk’s and reporter’s records were timely filed in October 2016, making appellant’s brief due November 16, 2016. Appellant filed her first motion to extend time to file her brief that same day. In the motion, appellant cited her health issues and requested sixty additional days to file her brief. We granted the extension and ordered her brief filed January 23, 2017. Since then, appellant has filed four additional motions to extend the time for filing her brief, including the motion currently before the Court. Each motion has cited appellant’s health and has requested between thirty to sixty additional days. We granted the second motion in January 2017 but told appellant further extension requests would be disfavored. Although we granted the third and fourth motions in March and April 2017 respectively, each order expressly cautioned appellant that the failure to file her brief by the deadline given might result in the dismissal of her appeal for want of prosecution without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). To date, more than 150 days after her brief was initially due, appellant has not filed a brief as this Court has previously ordered. In light of this, we dismiss this appeal for want of prosecution. /Molly Francis/ MOLLY FRANCIS JUSTICE 161099F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LYNNE DUGGAN, Appellant No. 05-16-01099-CV On Appeal from the 397th Judicial District Court, Grayson County, Texas Trial Court Cause No. CV-16-0304. Opinion delivered by Justice Francis, Justices Brown and Schenck participating. V. TANGLEWOOD VILLA OWNERS ASSOCIATION, INC., Appellee In accordance with this Court’s opinion of this date, we DISMISS this appeal for want of prosecution. Judgment entered April 21, 2017. –3–
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