Sokthy Doeung v. Banan San Doeung Appeal from 231st District Court of Tarrant County (memorandum opinion per curiam)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-20-00391-CV ___________________________ SOKTHY DOEUNG, Appellant V. BANAN SAN DOEUNG, Appellee On Appeal from the 231st District Court Tarrant County, Texas Trial Court No. 231-642673-18 Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT On March 18, 2021, 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). 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. 1 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: April 29, 2021 We deny appellee’s motion to dismiss the appeal as moot. See Hays St. Bridge Restoration Grp. v. City of San Antonio, 570 S.W.3d 697, 702 (Tex. 2019); Kadyebo v. CJ Heritage Apts., No. 02-11-00494-CV, 2012 WL 1947347, at *1 (Tex. App.—Fort Worth May 31, 2012, no pet.) (per curiam) (mem. op.). 2 1
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