Court of Civil Appeals of Texas, 2008

Wilbur Metz, Individually and D/B/A Cars Under Cover v. Geode Limited Partnership

Wilbur Metz, Individually and D/B/A Cars Under Cover v. Geode Limited Partnership
Court of Civil Appeals of Texas · Decided April 10, 2008

Wilbur Metz, Individually and D/B/A Cars Under Cover v. Geode Limited Partnership

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS



WILBUR METZ, INDIVIDUALLY AND D/B/A CARS UNDER COVER,

Appellant,



v.



GEODE LIMITED PARTNERSHIP,



Appellee.

§

§

§

§

§

§



No. 08-07-00249-CV


Appeal from the



210th District Court



of El Paso County, Texas



(TC# 2007-896)



MEMORANDUM OPINION



This appeal is before the Court on its own motion for determination as to whether the appeal should be dismissed for want of prosecution. Finding that Appellant has not filed a brief, despite two extensions of the deadline to do so, we dismiss this appeal.

Appellant filed his notice of appeal on August 28, 2007. The clerk's record was filed on November 8, 2007. On December 6, 2007, Appellant requested an extension of time to file his brief. The request was granted. On the deadline, Appellant requested a second extension. The second request was granted and the deadline for Appellant's brief was moved to February 25, 2008. Appellant did not file a brief. By correspondence dated March 4, 2008, the Clerk of the Court advised Appellant of this Court's intent to dismiss the appeal for want of prosecution if Appellant's brief was not received within ten days of the date of the letter. Appellant failed to file a brief. Accordingly, we dismiss this appeal for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1).



KENNETH R. CARR, Justice



April 10, 2008



Before Chew, C.J., McClure, and Carr, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.