Court of Civil Appeals of Texas, 2019

Davis Hotze , Donna Hotze, as Trustee and Bruce Hotze v. Bank of America

Davis Hotze , Donna Hotze, as Trustee and Bruce Hotze v. Bank of America
Court of Civil Appeals of Texas · Decided March 7, 2019

Davis Hotze , Donna Hotze, as Trustee and Bruce Hotze v. Bank of America

Opinion

Opinion issued March 7, 2019

In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00633-CV ——————————— DAVID HOTZE, DONNA HOTZE, AS TRUSTEE OF THE DAVID N.

HOTZE 2012 FAMILY TRUST, AND BRUCE HOTZE, Appellants V. BANK OF AMERICA, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2016-36300A

MEMORANDUM OPINION Appellants David Hotze and Donna Hotze, as Trustee of the David N. Hotze 2012 Family Trust, filed a motion to dismiss their appeal in November 2018. We granted that motion by order of December 18, 2018. Because appellant Bruce Hotze did not join in the motion to dismiss, his appeal remained pending and his brief has been due since November 29, 2018.

The Court issued notice to Bruce Hotze on January 11, 2019, advising him that his appeal might be dismissed for want of prosecution unless his brief or a motion for extension was filed within 10 days. No brief or motion was filed.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b); 43.2(f). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Lloyd, Kelly, and Hightower.

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