Opinion issued December 8, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00505-CV
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MARCY LERCH, ET AL., Appellants
V.
WILMINGTON TRUST NA SUCCESSOR TRUSTEE FOR THE MERRILL
LYNCH MORTGAGE INVESTOR TRUST SERIES 2006-HE5, Appellee
On Appeal from the County Court at Law No. 1
Fort Bend County, Texas
Trial Court Cause No. 15-CCV-054652
MEMORANDUM OPINION
Appellants, Marcy Lerch, et al., appealed from the trial court’s final
judgment, signed on April 21, 2015. See TEX. R. APP. P. 26.1(a)(1). However,
appellants have failed to timely file their appellate brief. See id. 38.6(a),
38.8(a)(1). After being notified by the Clerk of this Court on September 16, 2015,
that their appeal was subject to dismissal for failure to timely file their appellate
brief, appellants failed to timely respond. See id. 38.8(a)(1), 42.3(b), (c).
Accordingly, we dismiss the appeal for want of prosecution for failure to
timely file a brief. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Higley, Huddle, and Lloyd.
2
Marcy Lerch, Et-Al v. Wilmington Trust NA Successor Trustee for the Merrill Lynch Mortgage Investor Trust Series 2006-HE5
Combined Opinion