Leticia Rodriguez 'Cross-Appellee' v. Lydia Rodriguez and Robert Pereida 'Cross-Appellants'

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00171-CV

Leticia RODRIGUEZ

Appellant v.

Lydia RODRIGUEZ and Robert Pereida

Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2017CI19456

Honorable Cynthia Marie Chapa, Judge Presiding PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Delivered and Filed: November 17, 2021

DISMISSED FOR WANT OF PROSECUTION

On September 20, 2021, appellee/cross-appellant Robert Pereida’s counsel, Sergio R. Davila and Olga G. Brown, filed a motion to withdraw as counsel for appellee/cross-appellant Robert Pereida. On October 11, 2021, we granted the motion to withdraw and ordered appellee/cross-appellant Robert Pereida’s counsel to notify him, in writing, of any deadlines. See TEX. R. APP. P. 6.5(c). We also ordered appellee/cross-appellant Robert Pereida to file his brief and stated that failure to file his brief or a motion for extension of time within 10 days of the order would result in dismissal of his cross-appeal for want of prosecution. See id. R. 38.8(a), 42.3(c).

Appellee/cross-appellant Robert Pereida did not file a motion for extension of time or his brief. Accordingly, Robert Pereida’s cross-appeal is dismissed for want of prosecution. See id. R. 38.8(a), 42.3(a). Appellant/cross-appellee Leticia Rodriguez’s appeal against appellee/cross- appellant Lydia Rodriguez and appellee Robert Pereida, and appellee/cross-appellant Lydia Rodriguez’s cross-appeal against appellant/cross-appellee Leticia Rodriguez are retained on this court’s docket.

PER CURIAM