COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00172-CV
CLOFER G. BLACK APPELLANT
V.
WGH HERITAGE, INC. AND APPELLEES
WESTCHESTER PRIME
MANAGEMENT, LLC D/B/A
WESTCHESTER PLAZA
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FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 348-271136-14
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MEMORANDUM OPINION1
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Appellant Clofer G. Black’s brief was originally due on August 17, 2015.
We granted multiple extensions, making Black’s brief due on January 15, 2016.
On that date, Black’s counsel of record filed a motion to withdraw as counsel,
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See Tex. R. App. P. 47.4.
stating that he had lost all contact with Black for approximately seven months
and had been unable to communicate with Black “in any manner for this
extensive period of time.” We granted Black’s counsel’s motion to withdraw.
On January 28, 2016, we notified Black that his appeal would be dismissed
for want of prosecution unless he or any party desiring to continue the appeal
filed with this court by February 8, 2016, a motion reasonably explaining the
failure to file a brief and the need for an extension. See Tex. R. App. P.
38.8(a)(1), 42.3(b). Black did not file a response; however, Appellees WGH
Heritage, Inc. and Westchester Prime Management, LLC d/b/a Westchester
Plaza filed a joint motion to dismiss the appeal based on Black’s failure to file his
brief for over six months.
Accordingly, we grant Appellees’ motion and dismiss the appeal for want of
prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).
PER CURIAM
PANEL: WALKER, MEIER, and GABRIEL, JJ.
DELIVERED: March 3, 2016
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