Frontera Star Foods, LLC, Juan Manuel Alvarado Errasti, and Claudia Ortiz v. Carl's Jr. Queen Creek, LLC

• Court: Court of Appeals of Texas
• Decided: May 30, 2019
• Docket: 13-19-00079-CV
• Status: Published

Opinion

NUMBER 13-19-00079-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

FRONTERA STAR FOODS, LLC, JUAN MANUEL ALVARADO ERRASTI, AND CLAUDIA ORTIZ, Appellants,

v.

CARL'S JR. QUEEN CREEK, LLC, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 3 of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Perkes

The appellants’ brief in the above cause was due on April 3, 2019. On April 15,

2019, the Clerk of the Court notified appellants that the brief had not been timely filed and

that the appeal was subject to dismissal for want of prosecution under Texas Rule of

Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of the Court’s letter, appellants reasonably explained the failure and the appellee was not

significantly injured by the appellants’ failure to timely file a brief. To date, no response

has been received from appellants.

Appellants have failed to either reasonably explain the failure to file a brief, file a

motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b),(c).

GREGORY T. PERKES Justice

Delivered and filed the 30th day of May, 2019.