Michael Scranton, Jr. v. Micheal Hicks

Summary

The First District Court of Appeals of Texas dismissed Michael Scranton, Jr.'s appeal for want of prosecution because he failed to file an appellate brief. The court denied pending motions as moot.

Holdings

1. An appellate court may dismiss an appeal for want of prosecution when the appellant fails to file a required brief after receiving notice that the brief is overdue and an opportunity to request an extension; because appellant did not file the brief or respond to the notice, dismissal was warranted.

Questions Presented

1. Whether the appeal should be dismissed for want of prosecution because appellant failed to file an appellate brief after notice and an opportunity to seek an extension.

Disposition

dismissed