Samuel R. Builta A/K/A Sam Builta, Individually and D/B/A Technical Services System v. Paragon, Inc.

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-17-00716-CV

Samuel R. BUILTA a/k/a Sam Builta, Individually and d/b/a Technical Services System, Appellant v.

PARAGON, INC.,

Appellee

From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 393227

Honorable Karen Crouch, Judge Presiding PER CURIAM

Sitting: Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Delivered and Filed: August 1, 2018

DISMISSED FOR WANT OF PROSECUTION

In this appeal, Appellant was initially represented by retained counsel. On April 5, 2018, this court received notice from the Office of the Chief Disciplinary Counsel of the State Bar of Texas that Appellant’s counsel had been suspended from the practice of law effective March 21, 2018. Appellant advised this court he had obtained replacement counsel, but no notice of appearance of new counsel to represent Appellant has been filed.

Appellant’s brief was due on June 22, 2018. Because no motion for extension of time to file the brief or appellant’s brief was timely filed, on June 29, 2018, we ordered Samuel R. Builta to show cause in writing not later than July 9, 2018, why this cause should not be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b), (c); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.—San Antonio 1998, no pet.). We advised Appellant that his written response must include a reasonable explanation for his failure to timely file the brief. See TEX. R. APP. P. 38.8(a). We warned Appellant that if he failed to show cause as ordered, this appeal would be dismissed without further notice. See id. R. 42.3(b), (c); Elizondo, 975 S.W.2d at 63.

To date, Appellant has filed no response to our June 29, 2018 order. We dismiss this appeal for want of prosecution. See id. R. 38.8(a)(1), 42.3(b).

PER CURIAM