Dougherty
v.
Fisher

Court of Appeals Seventh District of Texas at AmarilloSep 11, 2018
No. 07-16-00107-CV (Tex. App. Sep. 11, 2018)

No. 07-16-00107-CV

09-11-2018

KRISTEN DOUGHERTY, AN INDIVIDUAL AND HEATHER RHOAD, AN INDIVIDUAL, APPELLANTS v. MICHAEL C. FISHER, A/K/A MIKE FISHER, A MARRIED MAN, D/B/A 6TH STREET MASSACRE, APPELLEE


On Appeal from the 47th District Court Randall County, Texas
Trial Court No. 69
,260-A, Honorable Dan L. Schaap, Presiding

MEMORANDUM OPINION

Before CAMPBELL and PIRTLE and PARKER, JJ.

Appellants Kristen Dougherty and Heather Rhoad, appearing pro se, filed a joint notice of appeal challenging a temporary injunction ordered by the trial court. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2017). Dougherty and Rhoad filed a joint appellate brief and appellee Michael C. Fisher responded. Dougherty and Rhoad also joined in a reply brief.

After briefing but before submission the Court received notice that Dougherty was in bankruptcy. TEX. R. APP. P. 8.1. This appeal was accordingly suspended. TEX. R. APP. P. 8.2. On July 3, 2018, on Dougherty's motion, we reinstated the appeal. TEX. R. APP. P. 8.3(a). The Court ordered Dougherty, Rhoad, and Fisher to file supplemental briefs and if necessary to supplement the appellate record. The supplemental brief of Dougherty and Rhoad was due for filing by August 6, 2018.

Dougherty and Rhoad did not file a supplemental brief nor did they request additional time for filing. By letter of August 20, the Court ordered Dougherty and Rhoad to file their supplemental brief by August 30 or the appeal would be dismissed without further notice.

Dougherty and Rhoad have not filed a supplemental brief nor have they requested additional time to file. Because of appellants Dougherty and Rhoad's failure to comply with a Court order, the appeal is dismissed. TEX. R. APP. P. 42.3(c).

Per Curiam