Hector Jimenez v. Southwest Gardens Apartments

• Court: Court of Appeals of Texas
• Decided: February 13, 2024
• Docket: 01-23-00659-CV
• Status: Published

Opinion

Opinion issued February 13, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00659-CV ——————————— HECTOR D. JIMENEZ, Appellant V. SOUTHWEST GARDENS APARTMENTS, Appellee

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1206055

MEMORANDUM OPINION

Appellant, Hector D. Jimenez, has filed a notice of appeal from the trial

court’s August 30, 3023 final judgment. Appellant has failed to timely file a brief.

See TEX. R. APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed in this appeal on September 28, 2023, and on

October 30, 2023, the court reporter informed the Court that no record was taken.

Appellant’s brief was due to be filed on or before November 30, 2023. See TEX. R.

APP. P. 38.6(a). Appellant did not file an appellant’s brief.

On December 28, 2023, the Clerk of this Court notified appellant that this

appeal was subject to dismissal unless a brief, or a motion to extend time to file a

brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing

failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal

for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure

to comply with notice from Clerk of Court). Despite the notice that this appeal was

subject to dismissal, appellant did not adequately respond to the December 28, 2023

notice.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.