Wesley D. Fite v. Leah Fite

Opinion filed December 18, 2025

In The

Eleventh Court of Appeals
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No. 11-25-00180-CV
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WESLEY D. FITE, Appellant
V.
LEAH FITE, Appellee

On Appeal from the 39th District Court
Throckmorton County, Texas
Trial Court Cause No. 3592

MEMORANDUM OPINION
On July 3, 2025, Appellant, Wesley D. Fite, filed a pro se notice of appeal
challenging the trial court’s protective order. See TEX. FAM. CODE ANN. § 81.009(a)
(West 2019). We dismiss the appeal for want of prosecution and Appellant’s failure
to comply with our directives. TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
When this appeal was docketed, we directed Appellant to file the docketing
statement on or before July 14, 2025. TEX. R. APP. P. 32.1 (Upon filing a notice of
appeal in a civil case, the appellant must promptly complete and file the docketing
statement in the appellate court.). Despite numerous reminders, Appellant has not
filed the docketing statement.
Appellant’s brief was originally due to be filed in this court on or before
September 25, 2025. On our own motion, we extended the deadline for Appellant
to file his brief to October 27. Appellant did not file a brief or otherwise contact the
clerk’s office regarding the delay. As a result, we extended the deadline for him to
file his brief and docketing statement a final time, directing him to file both
documents by November 26. In each letter to him, we informed Appellant that this
appeal was subject to dismissal if he failed to comply. TEX. R. APP. P. 38.8(a)(1).
As of this date, Appellant has not filed a brief or a docketing statement.
Because Appellant has failed to prosecute this appeal in a timely manner
or comply with any of our directives, we dismiss the appeal. See TEX. R.
APP. P. 38.8(a)(1), 42.3(b), (c).

W. STACY TROTTER
JUSTICE

December 18, 2025
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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