Bay Area Waste Systems, Inc., Eastex Waste Systems, Inc., Liberty Waste Systems, Inc., and Star Disposal Systems v. BFI Waste Services of Texas, LP

• Court: Court of Appeals of Texas
• Decided: July 27, 2006
• Docket: 14-05-01270-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 27, 2006

Dismissed and Memorandum Opinion filed July 27, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01270-CV

BAY AREA WASTE SYSTEMS, INC. EASTEX WASTE SYSTEMS, INC., LIBERTY WASTE SYSTEMS, INC., and STAR DISPOSAL SYSTEMS, Appellants

V.

BFI WASTE SERVICES OF TEXAS, LP, Appellee

On Appeal from the 55th District Court

Harris County , Texas

Trial Court Cause No. 04-64102

M E M O R A N D U M  O P I N I O N

This appeal is from a judgment signed September 20, 2005.  The clerk=s record was due January 18, 2006, but was not filed timely.  The clerk responsible for preparing the record in this appeal informed the court appellants did not make arrangements to pay for the record.  After notice and an opportunity to cure, this court dismissed the appeal.  Appellants filed a motion for rehearing reasonably explaining the delay in payment for the record.  The clerk=s record was filed on April 6, 2006.  Accordingly, we granted appellants= motion for rehearing, withdrew our opinion and judgment, and reinstated the appeal.  Appellants= brief was due May 22, 2006, but was not filed.

On June 8, 2006, this court issued an order stating that unless appellants submitted their  brief, together with a motion reasonably explaining why the brief was late, on or before July 10, 2006, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  Appellants filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 27, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Guzman.