Robert H. Kuhn and Gwynne A. Kuhn v. Aero Valley Property Owners Association

CourtListener 10655566Txctapp2Aug 14, 2025

Full text

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00070-CV
___________________________

ROBERT H. KUHN AND GWYNNE A. KUHN, Appellants

V.

AERO VALLEY PROPERTY OWNERS ASSOCIATION, Appellee

On Appeal from the 467th District Court
Denton County, Texas
Trial Court No. 21-1576-467

Before Kerr, Birdwell, and Bassel, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT

Appellants’ brief was due on July 7, 2025. On July 23, 2025, we notified

appellants that their 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, within ten days, appellants filed with the court an appellants’ 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). We have

received no response.

Because appellants have failed to file a brief even after we afforded an

opportunity to explain the initial failure, we dismiss the appeal for want of

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

Appellants must pay all costs of this appeal.

Per Curiam

Delivered: August 14, 2025

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