C. Perry Marker d/b/a Texas Dirt Contractors v. Mustang Special Utility District and City Oak Point Appeal from 462nd District Court 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. 02-19-00198-CV ___________________________ C. PERRY MARKER D/B/A TEXAS DIRT CONTRACTORS, Appellant V. MUSTANG SPECIAL UTILITY DISTRICT AND CITY OAK POINT, Appellees On Appeal from the 462nd District Court Denton County, Texas Trial Court No. 18-11314-16 Before Wallach, J.; Sudderth, C.J.; and Gabriel, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT On October 30, 2019, we notified appellant that its 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 the need for an extension. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We have received no response. Because appellant has failed to file a 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). Appellant must pay all costs of this appeal. Per Curiam Delivered: November 27, 2019 2
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