Atlas Towing and Storage, LLC v. OTR Leasing, LLC

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-20-00473-CV

ATLAS TOWING AND STORAGE, LLC,

Appellant v.

OTR LEASING, LLC,

Appellee

From the County Court at Law No. 9, Bexar County, Texas Trial Court No. 2020CV00757

Honorable Gloria Saldana, Judge Presiding PER CURIAM

Sitting: Irene Rios, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: January 20, 2021

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was due on November 13, 2020. Appellant failed to file its brief or a motion for extension of time. On December 8, 2020, we issued an order informing appellant that its brief was overdue and directing it to file, on or before December 22, 2020, its brief and a written response reasonably explaining why appellee was not significantly injured by appellant’s failure to timely file a brief. We advised appellant that if it failed to file a brief and a written response by the date ordered, we would dismiss this appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1) (allowing appellate courts to dismiss an appeal for want of prosecution when an appellant fails to timely file a brief); see also TEX. R. APP. P. 42.3(c) (allowing appellate courts to dismiss an appeal when an appellant fails to comply with a court order). Appellant has not filed its brief or otherwise responded to our December 8, 2020 order. Therefore, this appeal is dismissed for want of prosecution.

PER CURIAM