Alvin Alexander A/K/A Sabian Alexander v. Caritas of Austin

Court of Appeals of Texas

Alvin Alexander A/K/A Sabian Alexander v. Caritas of Austin

DecidedAugust 31, 2011

Docket03-11-00053-CV

StatusPublished

This text of Alvin Alexander A/K/A Sabian Alexander v. Caritas of Austin (Alvin Alexander A/K/A Sabian Alexander v. Caritas of Austin) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alvin Alexander A/K/A Sabian Alexander v. Caritas of Austin, (Tex. Ct. App. 2011).

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Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00053-CV

Alvin Alexander a/k/a Sabian Alexander, Appellant

v.

Caritas of Austin, Appellee

FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

NO. C-1-CV-10-011331, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant's brief was due in this Court on May 25, 2011, and is overdue. If an appellant fails to file a brief, this Court may dismiss the appeal for want of prosecution unless the appellant reasonably explains the failure and appellee is not significantly injured by that failure. See Tex. R. App. P. 38.8(a)(1). On June 29, 2011, we sent notice to appellant that his brief was overdue and that the appeal may be dismissed if appellant did not submit a proper motion to this Court on or before July 11, 2011. On July 9, the notice was returned to this Court as undeliverable.

We have been unable to locate a forwarding address for appellant. Nor have we received any communication from appellant in the more than seven months since his notice of appeal was filed. Because appellant has not filed his brief, provided this Court with a means to reach him, or contacted this Court in any manner in the more than seven months since his notice of appeal was filed, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

_____________________________________________

Bob Pemberton, Justice

Before Chief Justice Jones, Justices Pemberton and Henson

Dismissed for Want of Prosecution

Filed: August 31, 2011

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00053-CV

Alvin Alexander a/k/a Sabian Alexander, Appellant

v.

Caritas of Austin, Appellee

FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

NO. C-1-CV-10-011331, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant's brief was due in this Court on May 25, 2011, and is overdue. If an appellant fails to file a brief, this Court may dismiss the appeal for want of prosecution unless the appellant reasonably explains the failure and appellee is not significantly injured by that failure. See Tex. R. App. P. 38.8(a)(1). On June 29, 2011, we sent notice to appellant that his brief was overdue and that the appeal may be dismissed if appellant did not submit a proper motion to this Court on or before July 11, 2011. On July 9, the notice was returned to this Court as undeliverable.

We have been unable to locate a forwarding address for appellant. Nor have we received any communication from appellant in the more than seven months since his notice of appeal was filed. Because appellant has not filed his brief, provided this Court with a means to reach him, or contacted this Court in any manner in the more than seven months since his notice of appeal was filed, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

_____________________________________________

Bob Pemberton, Justice

Before Chief Justice Jones, Justices Pemberton and Henson

Dismissed for Want of Prosecution

Filed: August 31, 2011

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Alvin Alexander A/K/A Sabian Alexander v. Caritas of Austin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvin-alexander-aka-sabian-alexander-v-caritas-of--texapp-2011.