Lizzie Lovall and Webster W. Lovall, Keith L. Shaw v. Gow-Ming Chao and Chia-Li Chao--Appeal from 270th District Court of Harris County
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Opinion issued February 15, 2011 In The Court of Appeals For The First District of Texas NO. 01B09B00137BCV 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, we dismiss the appeal for want of prosecution. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Jennings, Higley, and Brown. 2
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