Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy

Opinion

Fourth Court of Appeals

San Antonio, Texas

October 2, 2015

No. 04-15-00338-CV

Arthur BUTCHER,

Appellant

v.

CITY OF SAN ANTONIO, Acting by and through its agent City Public Service Board d/b/a CPS Energy,

Appellee

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-05172 Honorable John D. Gabriel, Jr., Judge Presiding

ORDER

Appellant’s brief was originally due on September 17, 2015. Neither the brief nor a motion for extension of time has been filed. Appellant is represented on appeal by Mr. Samuel Beale. It is therefore ORDERED that Mr. Beale file either (1) appellant’s brief or (2) a reasonable explanation for why the brief has not been timely filed along with a motion requesting an extension of time no later than October 12, 2015. If Mr. Beale fails to file the brief by this date or fails to reasonably explain the reason for his failure to do so, this appeal will be dismissed for want of prosecution. TEX. R. APP. P. 38.8(a).

The Clerk of this court shall cause a copy of this order to be served on Mr. Beale by certified mail, return receipt requested, and by United States mail.

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of October, 2015.

___________________________________

Keith E. Hottle Clerk of Court

MINUTES Court of Appeals

Fourth Court of Appeals District San Antonio, Texas

October 2, 2015

No. 04-15-00338-CV

Arthur BUTCHER,

Appellant

v.

CITY OF SAN ANTONIO, Acting by and through its agent City Public Service Board d/b/a CPS Energy,

Appellee

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-05172 Honorable John D. Gabriel, Jr., Judge Presiding

ORDER

Appellant’s brief was originally due on September 17, 2015. Neither the brief nor a motion for extension of time has been filed. Appellant is represented on appeal by Mr. Samuel Beale. It is therefore ORDERED that Mr. Beale file either (1) appellant’s brief or (2) a reasonable explanation for why the brief has not been timely filed along with a motion requesting an extension of time no later than October 12, 2015. If Mr. Beale fails to file the brief by this date or fails to reasonably explain the reason for his failure to do so, this appeal will be dismissed for want of prosecution. TEX. R. APP. P. 38.8(a).

The Clerk of this court shall cause a copy of this order to be served on Mr. Beale by certified mail, return receipt requested, and by United States mail.

/s/ Sandee Bryan Marion Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of October, 2015.

/s/ Keith E. Hottle Keith E. Hottle Clerk of Court

Entered this 2nd day of October, 2015. VOL____PAGE____