Allstate Fire and Casualty Insurance Company v. Curtis Brown

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00564-CV

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Appellant

v.

Curtis BROWN, Appellee

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-04336 Honorable Nicole Garza, Judge Presiding

PER CURIAM

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: September 6, 2023

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was originally due June 30, 2023. We granted appellant’s first motion for

extension of time, extending the deadline for filing the brief to July 31, 2023. On August 7, 2023,

we issued an order noting that neither the brief nor a second motion for extension of time had been

filed. We therefore ordered appellant to file, by August 22, 2023: (1) its brief; and (2) a written

response reasonably explaining its failure to timely file a brief. In our order, we cautioned appellant

that if it failed to timely file a brief and written response, we would dismiss the appeal for want of

prosecution. See TEX. R. APP. P. 38.8(a). 04-22-00564-CV

Appellant did not respond to our order. Because appellant has failed to timely file a brief,

this appeal is dismissed for want of prosecution. See id.

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