ALLEN CALTON v. DEBRA SPISAK (2017)

MEMORANDUM OPINION

Allen “F” Calton filed a timely notice of appeal on July 25, 2016. The clerk's record was filed on August 3, 2016.¹ There is no reporter's record in this case. Calton's brief was due to be filed in this Court on or before November 16, 2016. When neither a brief nor a motion to extend time for filing same was received by November 16, this Court advised Calton by letter dated December 5, 2016, that the brief was late. We further extended the deadline for filing the brief to December 20, 2016. We warned Calton that failure to file the brief by December 20, 2016, would subject this appeal to dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b)–(c).

We have received no responsive communication from Calton and have not received his appellate brief. Having not received any response to this Court's letter of December 5, 2016, Calton's 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.   This case was originally appealed to the Second Court of Appeals in Fort Worth. This case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). Except as specified, we are unaware of any conflict between precedent of the Fort Worth Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.

Bailey C. Moseley Justice