Opinion issued October 31, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00430-CV ——————————— IVAN MONTALVO, Appellant V. CITY OF HITCHCOCK, Appellee

On Appeal from the 122nd District Court Galveston County, Texas Trial Court Case No. 21-CV-1200

MEMORANDUM OPINION Appellant, Ivan Montalvo, filed a notice of appeal from the trial court’s February 21, 2023 final judgment dismissing the underlying cause for want of prosecution. Appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief).

On June 9, 2023, the court reporter notified the Court that no reporter’s record was taken in this case, and on June 26, 2023, the clerk’s record was filed.

Accordingly, appellant’s brief was due to be filed on or before July 26, 2023. See TEX. R. APP. P. 38.6(a). Appellant did not file an appellant’s brief.

On August 15, 2023, the Clerk of this Court notified appellant that this appeal was subject to dismissal unless a brief, or a motion to extend time to file a brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from Clerk of Court). Despite the notice that this appeal was subject to dismissal, appellant did not adequately respond.

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

PER CURIAM Panel consists of Justices Goodman, Rivas-Molloy, and Guerra.