CourtListener 10663900•In Re Estate of Audrey Banks v. the State of Texas
In Re Estate of Audrey Banks v. the State of Texas
CourtListener 10663900Txctapp128 ago 2025
Testo completo
Opinion issued August 28, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00289-CV
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IN RE ESTATE OF AUDREY BANKS, DECEASED
On Appeal from Probate Court No. 1
Harris County, Texas
Trial Court Case No. 470699-401
MEMORANDUM OPINION
Appellant Alma Banks Brown filed a notice of appeal from the trial court’s August
27, 2024 Order Denying Bill of Review.
Appellant’s brief was originally due on March 24, 2025. On March 25, 2025,
Appellant’s first motion for extension of time was granted, making her brief due on April
23, 2025. Appellant failed to file her appellate brief by the deadline.
On May 8, 2025, the Clerk of this Court issued a notice informing Appellant that her
brief was past due and that her appeal was subject to dismissal if she did not file her brief
and a motion requesting an extension to file her brief within 10 days of our notice. On May
9, 2025, Appellant filed a second motion for extension of time to file her brief. We granted,
in part, Appellant’s second motion for extension, making her brief due on June 9, 2025.
The order noted that no further extensions would be granted absent extraordinary
circumstances and that failure to file the brief by the stated deadline may result in dismissal
of the appeal for lack of prosecution.
Appellant failed to file her brief by the June 9 deadline. On June 17, 2025, and again
on June 30, 2025, the Clerk of this Court issued notices informing Appellant that her brief
was past due and that her appeal was subject to dismissal. Appellant did not file a brief.
On July 9, 2025, Appellant filed a third motion for extension of time, seeking an
extension of sixty days to file her brief. We granted, in part, Appellant’s third motion for
extension, making her brief due on August 18, 2025. We informed Appellant that it was
her last extension, and no further extensions would be granted. We also warned Appellant:
“This appeal may be dismissed for want of prosecution, without further notice, if Appellant
does not file her brief by August 18, 2025.” To date, Appellant has not filed her brief or
otherwise responded to the order.
Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P.
38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary
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dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of
appeal for failure to comply with court order). We deny any pending motions as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.
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