Algiere Construction Services, Inc. v. Magnolia Hospitality Group, LLC and Metro White Settlement Partners, Inc.

• Court: Court of Appeals of Texas
• Decided: May 18, 2023
• Docket: 13-22-00581-CV
• Status: Published

Opinion

NUMBER 13-22-00581-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

ALGIERE CONSTRUCTION SERVICES, INC., Appellant,

v.

MAGNOLIA HOSPITALITY GROUP, LLC AND METRO WHITE SETTLEMENT PARTNERS, INC., Appellees. ____________________________________________________________

On appeal from the 156th District Court of Bee County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Tijerina

This matter is before the court on its own motion. On March 14, 2023, the Clerk of

the Court notified appellant that, pursuant to Texas Rule of Appellate Procedure

38.8(a)(1), the appeal was subject to dismissal for want of prosecution unless, within ten days, appellant provided reasonable explanation for his failure to timely file a brief.

Appellant failed to respond to the notice and has not filed a brief.

Appellant neither reasonably explained his failure to file a motion for extension of

time nor filed his brief. Accordingly, the appeal is dismissed for want of prosecution. See

TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c).

JAIME TIJERINA Justice

Delivered and filed on the 18th day of May, 2023.