Opinion issued March 24, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00528-CV
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KUMAR L. MACHANI, Appellant
V.
BRECKENRIDGE PROPERTY FUND 2016, LLC, Appellee
On Appeal from County Court at Law No. 4
Fort Bend County, Texas
Trial Court Case No. 19-CCV-065124
MEMORANDUM OPINION
Appellant, Kumar L. Machani, filed his notice of appeal from the trial court’s
July 17, 2019 judgment for possession in favor of appellee, Breckenridge Property
Fund 2016, LLC. The clerk’s record was filed on August 27, 2019, and the reporter’s
record was filed on October 16, 2019. Appellant’s brief, therefore, was due on
November 15, 2019. See TEX. R. APP. P. 38.6(a). Appellant failed to timely file a
brief. On November 18, 2019, this Court issued a notice to appellant that his time
to file a brief had expired, notifying appellant that, within 10 days of the notice, he
must file a motion requesting an extension of time along with his brief, or a motion
to extend the deadline to file his brief. Appellant was further advised that failure to
do so could result in a dismissal for want of prosecution.
Appellant failed to submit any filing by the extended December 2, 2019
deadline set by the Court. On December 17, 2019, appellee filed a motion to dismiss
the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a) (governing failure
of appellant to file brief); 42.3(b) (allowing involuntary dismissal of case). On
January 9, 2020, this Court denied appellee’s motion, because it failed to include the
required certificate of conference. See TEX. R. APP. P. 10.1(a)(5). The Court further
ordered appellant to file a brief and a motion requesting an extension of time within
15 days of the date of the order, notifying appellant that failure to do so may result
in dismissal of the appeal for want of prosecution.
Appellant again failed to submit any filing by the extended January 24, 2020
deadline. On February 21, 2020, appellee filed its second motion to dismiss for want
of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b). Appellee’s second motion to
dismiss included the required certificate of conference, certifying that counsel for
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appellee made a reasonable attempt to confer with appellant regarding the merits of
the motion. See TEX. R. APP. P. 10.1(a)(5). More than ten days have passed, and
appellant has not responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).
Accordingly, we grant appellee’s motion and dismiss the appeal for want of
prosecution, failure to file a brief, and failure to comply with an order of this Court.
See TEX. R. APP. P. 42.3(b), (c), 43.2(f). We dismiss all other pending motions as
moot.
PER CURIAM
Panel consists of Justices Keyes, Landau, and Countiss.
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