Victor Dunn v. The Landing at Little Elm Appeal from County Court at Law No. 2 of Denton County (memorandum opinion per curiam)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00065-CV ___________________________ VICTOR DUNN, Appellant V. THE LANDING AT LITTLE ELM, Appellee On Appeal from County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2019-00043-JP Before Bassel, J.; Sudderth, C.J.; and Womack, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT Appellant’s brief was originally due on April 18, 2019. On that date, we received the “(Temporary) Brief of Appellant,” which contained none of the requisites listed in Texas Rule of Appellate Procedure 38.1. On April 23, 2019, we notified Appellant that his brief had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution unless, within ten days, Appellant filed with the court an appellant’s brief and an accompanying motion reasonably explaining the brief’s untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). On May 10, 2019, Appellant filed a late response that was a duplicate of his first temporary brief. Because Appellant has failed to file a compliant brief even after we afforded an opportunity to explain the initial 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 Delivered: May 16, 2019 2
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