Marcos Morales v. Egz, Llc

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00010-CV

Marcos MORALES,

Appellant v.

EGZ, LLC,

Appellee

From the County Court, Guadalupe County, Texas Trial Court No. 2020-CV-0298

Honorable Bill Squires, Judge Presiding PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Patricia O. Alvarez, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: July 7, 2021

APPEAL DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was originally due on April 26, 2021. Appellant was granted one extension of time, until June 4, 2021. Neither the brief nor a motion for extension of time was filed. On June 15, 2021, this court ordered appellant to file, no later than June 28, 2021, his brief and a written response reasonably explaining (1) his failure to timely file the brief, and (2) why appellee is not significantly injured by appellant’s failure to timely file a brief. Our order cautioned appellant that if he failed to file a brief and the written response by June 28, 2021, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); see also TEX. R. APP.

P. 42.3(c) (allowing involuntary dismissal if appellant fails to comply with court order). Appellant has not responded to our order; therefore, this appeal is dismissed for want of prosecution. All pending motions are denied as moot.

PER CURIAM