Court of Civil Appeals of Texas, 2020

Juan A. Martin-De-Nicolas v. Auto Club County Mutual Insurance Company

Juan A. Martin-De-Nicolas v. Auto Club County Mutual Insurance Company
Court of Civil Appeals of Texas · Decided September 11, 2020

Juan A. Martin-De-Nicolas v. Auto Club County Mutual Insurance Company

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-18-00519-CV

Juan A. Martin-de-Nicolas, Appellant v. Auto Club County Mutual Insurance Company, Appellee

FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-18-000387, THE HONORABLE DUSTIN M. HOWELL, JUDGE PRESIDING

MEMORANDUM OPINION

On September 6, 2019, this Court granted appellant’s motion to abate this appeal while he sought review by the Supreme Court of the United States of a previous appeal involving the same issues and parties. In our opinion, we directed appellant to file either an opening brief or a notice of dismissal of this appeal within 30 days of the Supreme Court’s decision on his petition for writ of certiorari. On June 16, 2020, appellee filed a motion to dismiss for want of prosecution, informing this Court that the Supreme Court denied appellant’s petition for writ of certiorari on February 24, 2020. Pursuant to our opinion, appellant’s deadline to file his opening brief or notice of dismissal of the appeal was March 25, 2020. To date, appellant has not filed a response to appellee’s motion, nor has he filed his opening brief, a motion for extension of time to file his opening brief, or a motion to dismiss his appeal. Accordingly, we grant appellee’s motion, and we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b). __________________________________________ Thomas J. Baker, Justice Before Chief Justice Rose, Justices Baker and Kelly Dismissed for Want of Prosecution Filed: September 11, 2020

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