David Lee Havens v. Aquilina Cruz Appeal from 231st District Court of Tarrant County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00447-CV DAVID LEE HAVENS APPELLANT V. AQUILINA CRUZ APPELLEE ------------ FROM THE 231ST DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 231-586978-15 ------------ MEMORANDUM OPINION1 AND JUDGMENT -----------On August 11, 2017, we notified appellant that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a). See Tex. R. App. P. 38.6(a). We stated we could dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a motion reasonably explaining the failure to file an appellant’s brief and 1 See Tex. R. App. P. 47.4. the need for an extension. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We have not received any response. Because appellant has failed to file a brief after having been given an opportunity to provide a reasonable explanation for the failure, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f). PER CURIAM PANEL: MEIER, GABRIEL, and SUDDERTH, JJ. DELIVERED: September 21, 2017 2

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