Marjorie Washington v. Felix Apt S2CC, LLC

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00411-CV
___________________________

MARJORIE WASHINGTON, Appellant

V.

FELIX APT S2CC, LLC, Appellee

On Appeal from County Court at Law No. 3
Tarrant County, Texas
Trial Court No. 2025-002620-3

Before Bassel, Womack, and Wallach, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT

Appellant’s brief was due on February 6, 2026. On March 3, 2026, we notified

Appellant that her brief had not been filed as the appellate rules require. See Tex. R.

App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution

unless on or before March 13, 2026, she filed with the court a brief and an

accompanying motion reasonably explaining the brief’s untimely filing and why an

extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). On March 13,

2026, we received Appellant’s brief but did not receive a motion for extension.

On March 19, 2026, and April 29, 2026, we notified Appellant that her brief

was untimely and informed her that she must file a motion for leave to file her brief.

See Tex. R. App. P. 10.5(b), 38.8(a)(1); 2nd Tex. App. (Fort Worth) Loc. R. 1.B. We

stated in each letter that we could dismiss the appeal for want of prosecution unless

she filed with the court a motion for leave reasonably explaining the failure to timely

file a brief and the need for an extension; our March 19 letter set the deadline for

March 30, 2026, and our April 29 letter set the deadline for May 11, 2026. See Tex. R.

App. P. 10.5(b), 38.8(a)(1); 2nd Tex. App. (Fort Worth) Loc. R. 1.B. We have

received no response.

Because Appellant has failed to file a motion for leave reasonably explaining

the failure to timely file a brief and the need for an extension even after we afforded

2
her multiple opportunities to do so, we dismiss the appeal for want of prosecution.

See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

Per Curiam

Delivered: June 11, 2026

3