Gregory Alan Aleman v. Texas Department of Public Safety

ACCEPTED 15-24-00097-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/16/2025 8:55 AM No. 15-25-00097-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS SITTING IN AUSTIN, TEXAS 7/16/2025 8:55:31 AM CHRISTOPHER A. PRINE Clerk GREGORY ALAN ALEMAN, APPELLANT V. TEXAS DEPARTMENT OF PUBLIC SAFETY, APPELLEE

APPELLEE’S MOTION TO DISMISS FOR FAILURE TO PROSECUTE

TO THE HONORABLE FIFTEENTH COURT OF APPEALS: A. INTRODUCTION 1. Appellant is Gregory Alan Aleman; Appellee is Texas Department of Public Safety.

2. The County Court at Law No. 1 of Bell County, Texas, signed the final judgement in the underlying case, Gregory Alan Aleman v. Texas Department of Public Safety, cause no 24CCV00873, on January 16, 2025.

3. Appellant perfected the appeal on February 13, 2025.

4. The clerk’s record was filed on March 14, 2025; the reporter’s record was filed on May 6, 2025.

B. ARGUMENT AND AUTHORITIES 5. The Court has the authority to dismiss this appeal for want of prosecution or, in the alternative, to affirm the trial court’s judgement. TEX. R. APP. P. 42.3(b).

6. Appellant’s brief was due on June 5, 2025. On June 6, 2025, counsel for appellant filed with this court a Petition for Writ of Mandamus, which was given a Cause No. of 15-25-00099-CV.

In a Memorandum Opinion issued June 19, 2025, this Court denied the Petition for Writ of Mandamus. Further, in a letter dated June 16, 2025, and transmitted on June 19, 2025, this court issued a Late Notice for the appellant’s brief which extended the time to file the brief or a Motion for Extension until Thursday, June 26, 2025.

More than 14 days have expired since the deadline of June 26, 2025, and the appellant has not filed a brief and has not asked for an extension of time to file a brief. Under the Texas Rules of Appellate Procedure 42.3(b), the Court may dismiss this appeal for want of prosecution.

C. CONCLUSION 7. The Department would ask that the Court grant this unopposed motion and dispose of this action.

ii D. PRAYER 8. For the reasons, appellee asks the Court to grant this motion and dismiss this appeal or, in the alternative, to affirm the trial court’s judgment.

Respectfully Submitted, /s/ Elizabeth A. Dupuy ELIZABETH A. DUPUY Staff Attorney, ALR Appellate Section SBN 24056369 P.O. Box 15327 Austin, Texas 78761-5327 Tel: (512) 424-5193 Fax: (512) 424-5221 [email protected] RONALD SIMPSON Staff Attorney, ALR Division SBN 24067868 [email protected] ATTORNEYS FOR APPELLEE TEXAS DEP’T OF PUB. SAFETY

CERTIFICATE OF CONFERENCE I certify that, I have conferred with David Fernandez, attorney of record for Appellant, on the July 8, 2025, and he has agreed and is unopposed to Appellee’s Motion to Dismiss for Want of Prosecution.

iii /s/ Elizabeth A. Dupuy ELIZABETH A. DUPUY

CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above and foregoing Appellee’s Motion to Dismiss for Failure to Prosecute by electronic mail, per TEX. R. APP. P. 9.5(b)(1), to David Fernandez, counsel of record for Appellant, Gregory Alan Aleman, to the electronic mail address on record with efile.txcourts.gov, on July 11, 2025.

/s/ Elizabeth A. Dupuy ELIZABETH A. DUPUY iv Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 103186935 Filing Code Description: Motion - Exempt Filing Description: Motion to Dismiss for Want of Prosecution Status as of 7/16/2025 10:14 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status ALR APPEALS [email protected] 7/16/2025 8:55:31 AM NOT SENT Elizabeth Dupuy [email protected] 7/16/2025 8:55:31 AM NOT SENT David Fernandez 6933700 [email protected] 7/16/2025 8:55:31 AM NOT SENT