John Hill & Faye H. Hill v. Lakes of Fondren Southwest Appeal from 151st District Court of Harris County (memorandum opinion per curiam)

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Opinion issued February 6, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00991-CV ——————————— JOHN HILL AND FAYE H. HILL, Appellants V. LAKES OF FONDREN SOUTHWEST, Appellee On Appeal from the 151st District Court Harris County, Texas Trial Court Case No. 2016-43324 MEMORANDUM OPINION Appellants have failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief); TEX. R. APP. P. 38.8(a) (governing failure of appellant to file brief). Appellant’s brief was originally due on May 3, 2017. The court granted three extensions of time, and after appellants advised they were unable to afford an attorney, they were provided information about the Houston Bar Association Pro Bono Program. No attorney was assigned. On November 29, 2017, appellants were notified that the appeal was subject to dismissal if they did not file their brief, and they did not respond. See TEX. R. APP. P. 38.8(a)(1) (authorizing dismissal for failure to file brief); TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case). On December 21, 2017, appellee filed a motion to dismiss for want of prosecution. We dismiss the appeal for want of prosecution. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Jennings, Massengale, and Caughey. 2

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