Court of Civil Appeals of Texas, 2015

Erika Saenz Salmeron v. Tiofilia Linda Constancio Govea

Erika Saenz Salmeron v. Tiofilia Linda Constancio Govea
Court of Civil Appeals of Texas · Decided October 15, 2015

Erika Saenz Salmeron v. Tiofilia Linda Constancio Govea

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00272-CV

Erika Saenz Salmeron, Appellant v. Tiofilia Linda Constancio Govea, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. C-1-CV-15-002970, HONORABLE JOE CARROLL, JUDGE PRESIDING

MEMORANDUM OPINION

Erika Saenz Salmeron appeals from a judgment awarding possession in a forcible detainer suit. Her opening brief was originally due on August 20, 2015. After Salmeron failed to timely file her brief, the Clerk of this Court sent notice to her—on September 21, 2015—advising that her brief was overdue and that if she did not file a brief or otherwise respond with a reasonable explanation by October 1, 2015, her appeal would be subject to dismissal for want of prosecution.1 The October 1 deadline has passed, and to date Salmeron has not filed a brief or otherwise responded. Accordingly, we dismiss this appeal for want of prosecution.2

See Tex. R. App. P. 38.8(a)(1) (if appellant fails to timely file a brief, this Court is empowered to dismiss the appeal for want of prosecution unless appellant reasonably explains the failure and appellee is not significantly injured by that failure).

See id. R. 42.3(b). __________________________________________ Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Field Dismissed for Want of Prosecution Filed: October 15, 2015

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