In the Guardianship of Raymond Garrett Strban, an Incapacitated Adult v. the State of Texas

NO. 12-22-00281-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN THE GUARDIANSHIP OF § APPEAL FROM THE

RAYMOND GARRETT STRBAN, AN § COUNTY COURT AT LAW NO. 2

INCAPACITATED ADULT § ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution. 1 See TEX. R. APP. P. 42.3(b).
Appellant, Shawna Benge, filed a notice of appeal on October 20, 2022. The clerk’s record was
filed on December 30 and a supplemental clerk’s record was filed on January 4, 2023. On
February 3, we notified Benge that the appeal would be submitted on the clerk’s record alone
due to failure to make payment arrangements with the reporter. Benge’s brief was due on or
before March 6. On March 14, this Court notified Benge that the brief was past due. We further
notified Benge that the appeal may be dismissed for want of prosecution unless a motion for
extension of time, containing a reasonable explanation for the failure to file a brief and showing
that Appellee had not suffered material injury thereby, is filed no later than March 24.
The March 24 deadline passed, and Benge has not filed a brief, a motion for leave to file
a late brief, or a motion for extension of time. Accordingly, we dismiss the appeal for want of
prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(c).
Opinion delivered April 5, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1
This appeal was originally dismissed for failure to comply with the Texas Rules of Appellate Procedure.
See In the Guardianship of Strban, No. 12-22-00281-CV, 2022 WL 17074844 (Tex. App.—Tyler Nov. 17, 2022,
no pet.) (per curiam) (mem. op.). We subsequently granted Benge’s motion for rehearing and reinstated the appeal.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

APRIL 5, 2023

NO. 12-22-00281-CV

IN THE GUARDIANSHIP OF RAYMOND GARRETT STRBAN,
AN INCAPACITATED ADULT

Appeal from the County Court at Law No. 2
of Angelina County, Texas (Tr.Ct.No. 017-17-G)

THIS CAUSE came to be heard on the appellate record; and the same being
considered, it is the opinion of this Court that this appeal should be dismissed for want of
prosecution.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that the
appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be
certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.