11405 TX 78759 v. LPP (2016)

MEMORANDUM OPINION

Cathy A. Olsen and Christopher M. Olsen (the Olsens) timely filed a notice of appeal on September 14, 2015.¹  The clerk's record was filed November 13, 2015.  The reporter's record was filed December 3, 2015.  The Olsen's brief was due to be filed in this Court on January 4, 2016.  When neither a brief nor a motion to extend time for filing same was received by January 4, this Court advised the Olsens by letter dated January 21, 2016, that the brief was late.  We further extended the deadline for filing the brief to February 5, 2016.  We warned the Olsens that failure to file the brief by February 5, 2016, would subject this appeal to dismissal for want of prosecution.  See Tex.R.App. P. 38.8(a)(1), 42.3(b), (c).

Although the Olsens filed a motion for change of venue on February 2, 2016, we have received no responsive communication from the Olsens and have not received their appellate brief.  Having received no response to this Court's letter of January 21, 2016, the Olsens' appeal is ripe for dismissal for want of prosecution.  Consequently, pursuant to Rules 38.8 and 42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.  See Tex.R.App. P. 38.8(a)(1), 42.3(b), (c).

FOOTNOTES

1.   Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to Section 73.001 of the Texas Government Code. See Tex. Gov' t Code Ann. § 73.001 (West 2013).  We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue.  See Tex.R.App. P. 41.3.

Memorandum Opinion by Justice Moseley