Alfredo Meneses Vela v. Maria Guadalupe Vela

Court of Appeals of Texas·Decided September 21, 2022·No. 04-22-00099-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00099-CV

Alfredo Meneses VELA, Appellant

v.

Maria Guadalupe VELA, Appellee

From the County Court, Gillespie County, Texas Trial Court No. 16603CCL Honorable Christopher G. Nevins, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: September 21, 2022

APPEAL DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was due to be filed by June 30, 2022. On July 21, 2022, this court notified

appellant the brief was late and instructed appellant to file a response in writing within ten days

stating a reasonable explanation for failing to timely file the brief and demonstrate he is taking

affirmative steps to remedy the deficiency.

On August 8, 2022, appellant filed a pro se response stating he is incarcerated and needs

more time. On August 10, 2022, we granted the request for more time and ordered appellant to

file, no later than September 7, 2022, his brief and a written response reasonably explaining (1) 04-22-00099-CV

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 September 7, 2022, 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 filed his brief; therefore, this appeal is dismissed for want of prosecution.

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Alfredo Meneses Vela v. Maria Guadalupe Vela, (Tex. Ct. App. 2022).

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