TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-17-00017-CV
Baskerville O. Weaver, Appellant
v.
Deborah Eklund White, Appellee
FROM THE 22ND DISTRICT COURT OF HAYS COUNTY
NO. 14-2285, THE HONORABLE WILLIAM R. HENRY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant filed his notice of appeal in the trial court on December 28, 2016. The
reporter’s record was due in this Court on April 4, 2017. The Court sent a notice to appellant on
June 14, 2017, that we had been informed by appellant and the court reporter that payments had
been made toward the full balance due for the reporter’s record. We advised appellant that if he
did not pay the full balance for the reporter’s record by July 14, 2017, we would consider
the appeal without the reporter’s record. After appellant completed his payment to the
court reporter, we subsequently granted an extension of time to the court reporter, and the
record was complete on September 19, 2017. Thus, appellant’s brief was originally due on
October 19, 2017.
The Court sent a notice to appellant on November 2, 2017, that his brief was overdue
and that a failure to file a satisfactory response by November 13, 2017, would result in the
dismissal of this appeal for want of prosecution. On November 13, 2017, appellant filed a
motion for extension of time and sought a 102-day extension of time until January 29, 2018. On
November 16, 2017, by order of the Court, appellant’s motion was granted in part. In granting
the extension, this Court advised counsel that no further extensions would be granted and that
failure to file his brief by December 6, 2017, would result in dismissal of his appeal. To date, the
brief has not been tendered for filing and is overdue. Accordingly, we dismiss this appeal for
want of prosecution. See Tex. R. App. P. 42.3(b).
__________________________________________
Cindy Olson Bourland, Justice
Before Justices Puryear, Field, and Bourland
Dismissed for Want of Prosecution
Filed: December 12, 2017
Baskerville O. Weaver v. Deborah Eklund White
Combined Opinion