Gerardo Robles Jr./Refuse to Fail Trucking LLC v. Modesto Avila

• Court: Court of Appeals of Texas
• Decided: June 30, 2023
• Docket: 08-23-00076-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

GERARDO ROBLES JR./REFUSE TO § No. 08-23-00076-CV FAIL TRUCKING LLC, Appellant, § Appeal from the

v. § County Court at Law No. 3

MODESTO AVILA., § of El Paso County, Texas

Appellee. § (TC# 2022CCV00129)

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution. Finding Appellant Gerardo Robles Jr./Refuse to Fail Trucking

LLC has failed to file its appellant’s brief, or a motion for extension of time to file such brief, we

dismiss the appeal for want of prosecution.

On June 19, 2023, the Clerk of the Court notified Appellant that neither its brief nor a

motion for extension of time had been filed. The letter advised Appellant that the Court intended

to dismiss the appeal for want of prosecution unless Appellant responded, within ten days of the

date of the notice, by showing grounds for continuing the appeal. See TEX. R. APP. P. 38.8(a)(1).

Appellant has not filed an appellant’s brief, a motion for extension of time, nor a response to the Court’s inquiry. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P.

38.8(a)(1), 42.3(b), (c).

GINA M. PALAFOX, Justice

June 30, 2022

Before Rodriguez, C.J., Palafox, and Soto, JJ.