In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-17-00069-CV
ASHLEY HIGHTOWER AND ASH HIGH ENTERPRISES, LLC, Appellants
V.
ALLEGHENY INVESTMENTS, LLC, Appellee
On Appeal from the 276th District Court
Titus County, Texas
Trial Court No. 39136
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Ashley Hightower filed a timely notice of appeal on June 8, 2017. The clerk’s record was
filed on June 21, 2017, and the reporter’s record was filed on August 15, 2017. The original
deadline for Hightower’s appellate brief was September 14, 2017. When neither a brief nor a
motion to extend time for filing same was received by September 14, 2017, this Court advised
Hightower by letter dated October 3, 2017, that the brief was late. We further extended the
deadline for filing the brief to October 24, 2017. We warned Hightower that failure to file the
brief by October 24, 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 Hightower and have not received
his appellate brief. Having not received any response to this Court’s letter of October 3, 2017,
Hightower’s appeal is ripe for dismissal for want of prosecution. Consequently, 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).
Bailey C. Moseley
Justice
Date Submitted: November 8, 2017
Date Decided: November 9, 2017
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