Frank Herrera v. Inverterra Holdings, LLC

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-24-00018-CV

Frank HERRERA, Appellant

v.

INVERTERRA HOLDINGS, LLC, Appellee

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI00438 Honorable Nadine Melissa Nieto, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: June 20, 2024

DISMISSED FOR WANT OF PROSECUTION

On April 24, 2024, this court received appellant’s pro se brief. Appellant’s brief failed to

comply with several requirements of Texas Rule of Appellate Procedure 38.1. See TEX. R. APP. P.

38.1(c)–(i). Appellant’s brief additionally failed to comply with the rules of appellate procedure’s

form and service requirements. See id. 9.4, 9.5.

On April 29, 2024, we issued an order striking appellant’s brief and ordered appellant to

file an amended brief in accordance with the Texas Rules of Appellate Procedure no later than

May 29, 2024. Our order cautioned appellant that if he failed to timely file an amended brief in 04-24-00018-CV

compliance with the rules by May 29, 2024, we would dismiss the appeal for want of prosecution.

See id. 38.8(a); see also id. 42.3(c) (allowing involuntary dismissal if appellant fails to comply

with court order).

On June 6, 2024, appellant filed a document titled “Appellent [sic] Brief.” The filing does

not comply with the Texas Rules of Appellate Procedure and was not timely filed. We dismiss this

appeal for want of prosecution.

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