Gary Sinise Foundation v. Samuel C. Gardner, Successor Trustee of the 2014 PB Living Trust Appeal from Probate Court 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. 02-22-00280-CV ___________________________ GARY SINISE FOUNDATION, Appellant and Appellee V. SAMUEL C. GARDNER, SUCCESSOR TRUSTEE OF THE 2014 PB LIVING TRUST, Appellee and Appellant On Appeal from Probate Court No. 2 Denton County, Texas Trial Court No. PR-2022-00674-B Before Wallach, J.; Sudderth, C.J.; and Walker, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT On October 13, 2022, we notified appellant and cross-appellant that their briefs had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a). We cautioned each that we could dismiss that party’s appeal for want of prosecution unless, within ten days, that party filed with the court the party’s brief and an accompanying motion reasonably explaining why the brief had not been filed 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 and cross-appellant have each failed to file a brief even after we afforded an opportunity to explain the initial failure, we dismiss the appeals 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 its appeal, and cross-appellant must pay all costs of his cross-appeal. Per Curiam Delivered: December 1, 2022 2
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