In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-17-00028-CV
ESTATE OF MARLENE JEAN HUTCHINGS, DECEASED
On Appeal from the County Court at Law
Lamar County, Texas
Trial Court No. P-18065
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Byron Hutchings filed a timely notice of appeal on February 14, 2017, and an amended
notice of appeal on April 16, 2017. The clerk’s record was filed on April 4, 2017, and the reporter’s
record was filed on April 10, 2017. The original deadline for Hutchings’ appellate brief was
May 17, 2017. After Hutchings filed a motion for extension of time in which to file his brief, this
Court extended the filing deadline to June 19, 2017. When neither a brief nor a motion to extend
time for filing same was received by June 19, 2017, this Court advised Hutchings by letter dated
July 5, 2017, that the brief was late. We further extended the deadline for filing the brief to July 20,
2017. We warned Hutchings that failure to file the brief by July 20, 2017, 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 Hutchings and have not received his
appellate brief. Since we have received no response to this Court’s letter of July 5, 2017,
Hutchings’ appeal is ripe for dismissal for want of prosecution. Consequently, and 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).
Josh R. Morriss, III
Chief Justice
Date Submitted: August 3, 2017
Date Decided: August 4, 2017
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