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Desa Wells and All Occupants v. Breton Mill Apartments
Citation: Not availableDocket: 07-01-00320-CV
Court: Court of Appeals of Texas; August 6, 2002; Texas; State Appellate Court
Original Court Document: View Document
Desa Wells appealed a case against Breton Mill Apartments, initially attempting to perfect the appeal on June 28, 2001. Her appeal was dismissed on August 28, 2001, due to non-payment of the filing fee under Texas Rule of Appellate Procedure 42.3. After filing a motion for rehearing, claiming she was misled regarding her indigency status, the appeal was reinstated on September 21, 2001. The reporter’s record and clerk’s record were filed by December 27, 2001, setting the deadline for her brief to January 28, 2002. Wells requested extensions for her brief several times, citing issues with receiving necessary records and alleged inaccuracies in the reporter's record. Her extensions were granted multiple times, ultimately leading to a deadline of March 20, 2002. After missing this deadline, she filed another extension request on March 25, 2002, which prompted the court to abate the case for a hearing on the alleged errors in the reporter's record. The trial court issued findings on May 15, 2002, and the appellate court reinstated the case on June 25, 2002, denying Wells' motion to correct the record. Despite being notified that her brief was due on June 19, 2002, and receiving a warning on July 22, 2002, regarding the overdue brief, Wells failed to submit either the brief or an explanation for the delay. Consequently, the appeal was dismissed for want of prosecution. The ruling was issued per curiam and marked as not for publication.