Gerardo Castillo v. U.S. Bank, N.A., Successor Trustee to Lasalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Baked Securities I Trust 2007-HE7, Asset-Backed Certificates Series 2007-HE7

Court of Appeals of Texas·Decided March 2, 2023·No. 13-22-00226-CV·Published

Opinion

NUMBER 13-22-00226-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

GERARDO CASTILLO, Appellant,

v.

U.S. BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BAKED SECURITIES I TRUST 2007-HE7, ASSET-BACKED CERTIFICATES SERIES 2007-HE7, Appellees.

On appeal from the County Court at Law No. 4 of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Justices Benavides, Tijerina, and Peña Memorandum Opinion by Justice Peña This matter is before the Court on its own motion. On September 26, 2022, the

Clerk of the Court notified appellant that, pursuant to Texas Rule of Appellate Procedure

38.8(a)(1), the appeal was subject to dismissal for want of prosecution unless, within ten

days, appellant provided reasonable explanation for his failure to timely file a brief. The

Court subsequently granted appellant’s motion for extension of time to file brief, extending

the deadline from September 22, 2022, to November 28, 2022. On December 22, 2022,

the Court granted appellant’s second amended motion for extension of time to file brief.

We ordered appellant to file an appellate brief with this Court on or before 5:00 p.m. on

January 27, 2023. The Court again informed appellant that his appeal was subject to

dismissal for want of prosecution, but to date appellant has failed to file a brief.

Appellant has neither reasonably explained the delay in filing a motion for

extension of time nor filed his brief. Accordingly, we dismiss the appeal for want of

prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b),(c). We dismiss all pending motions as

moot.

L. ARON PEÑA JR. Justice

Delivered and filed on the 2nd day of March, 2023.

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Gerardo Castillo v. U.S. Bank, N.A., Successor Trustee to Lasalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Baked Securities I Trust 2007-HE7, Asset-Backed Certificates Series 2007-HE7, (Tex. Ct. App. 2023).

Gerardo Castillo v. U.S. Bank, N.A., Successor Trustee to Lasalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Baked Securities I Trust 2007-HE7, Asset-Backed Certificates Series 2007-HE7 (Gerardo Castillo v. U.S. Bank, N.A., Successor Trustee to Lasalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Baked Securities I Trust 2007-HE7, Asset-Backed Certificates Series 2007-HE7) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.