Jeremy Wimberly v. Thomas J. Burbank, LCC and Thomas J. Burbank Appeal from 60th District Court of Jefferson County (memorandum opinion per curiam)
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NO. 12-17-00005-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JEREMY WIMBERLY, APPELLANT § APPEAL FROM THE 60TH V. § JUDICIAL DISTRICT COURT THOMAS J. BURBANK, LCC AND THOMAS J. BURBANK, APPELLEES § JEFFERSON COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant, Jeremy Wimberly, perfected his appeal on December 8, 2016. The clerk’s record was filed on December 8, 2016 and Wimberly’s brief was due on or before January 13, 2017. On January 18, this Court notified Wimberly that his brief was past due. On January 26, Wimberly filed a motion for extension of time to file a brief. We granted Wimberly’s motion, making the brief due on or before February 27. On March 2, Wimberly filed a second motion for extension of time to file a brief. On March 8, we granted the motion, which gave Wimberly until April 13 to file a brief. The notice warned that no further extensions would be entertained and that failure to file the brief by the extended deadline may result in dismissal. See TEX. R. APP. P. 38.8. The deadline has passed and Wimberly has failed to file an appellant’s brief. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). Opinion delivered April 19, 2017. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT APRIL 19, 2017 NO. 12-17-00005-CV JEREMY WIMBERLY, Appellant V. THOMAS J. BURBANK, LCC AND THOMAS J. BURBANK, Appellee Appeal from the 60th District Court of Jefferson County, Texas (Tr.Ct.No. B-198,952) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed for want of prosecution. It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
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