Don McCaffety v. Angela Blanchard Appeal from 281st District Court of Harris County (memorandum opinion per curiam)
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Opinion issued January 19, 2017 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-01077-CV ——————————— DON MCCAFFETY, Appellant V. ANGELA BLANCHARD, Appellee On Appeal from the 281st District Court Harris County, Texas Trial Court Case No. 2014-54153 MEMORANDUM OPINION Appellant Don McCaffety appeals from a judgment signed on September 18, 2015. Appellant’s brief was originally due on March 25, 2016. We granted a motion for extension, extending the deadline 90 days, until June 23, 2016. No brief was filed. Appellant filed a second motion for extension. On October 11, 2016, we issued an order, granting the motion and setting the brief due on November 14, 2016. No brief was filed. After being notified that this appeal was subject to dismissal, appellant filed another motion for extension. The motion is denied. The brief is over nine months overdue. When an appellant has failed to file his brief timely, the Court may dismiss the appeal for want of prosecution unless the appellant provides a reasonable explanation for the delay and the appellee is not injured by the appellant’s failure to file a brief timely. See TEX. R. APP. P. 38.8(a)(1). Appellant’s motion contains no reasonable explanation for the 9-month delay in filing the brief. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Massengale, Brown, and Huddle. 2
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