Holston Banks, Jr., Priscilla Smith, Bernadette Young, Tyrone Banks, Timothy Banks, and Belinda Gail Scott v. City of Big Spring, Texas and Darnell Construction, LLC

Court of Appeals of Texas

Holston Banks, Jr., Priscilla Smith, Bernadette Young, Tyrone Banks, Timothy Banks, and Belinda Gail Scott v. City of Big Spring, Texas and Darnell Construction, LLC

DecidedJuly 19, 2018

Docket11-17-00223-CV

StatusPublished

This text of Holston Banks, Jr., Priscilla Smith, Bernadette Young, Tyrone Banks, Timothy Banks, and Belinda Gail Scott v. City of Big Spring, Texas and Darnell Construction, LLC (Holston Banks, Jr., Priscilla Smith, Bernadette Young, Tyrone Banks, Timothy Banks, and Belinda Gail Scott v. City of Big Spring, Texas and Darnell Construction, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holston Banks, Jr., Priscilla Smith, Bernadette Young, Tyrone Banks, Timothy Banks, and Belinda Gail Scott v. City of Big Spring, Texas and Darnell Construction, LLC, (Tex. Ct. App. 2018).

Pincite

Opinion

Opinion filed July 19, 2018

In The

Eleventh Court of Appeals __________

No. 11-17-00223-CV __________

HOLSTON BANKS, JR., PRISCILLA SMITH, BERNADETTE YOUNG, TYRONE BANKS, TIMOTHY BANKS, AND BELINDA GAIL SCOTT, Appellants V. CITY OF BIG SPRING, TEXAS AND DARNELL CONSTRUCTION, LLC, Appellees

On Appeal from the 118th District Court Howard County, Texas Trial Court Cause No. 50329

MEMORANDUM OPINION Appellants’ brief was originally due to be filed in this court on or before January 11, 2018. After receiving three extensions of time in which to file the brief, Appellants’ counsel was permitted to withdraw despite the objections of his clients. Upon counsel’s withdrawal, this court notified Appellants that their brief was due to be filed on or before May 14, 2018. We subsequently notified Appellants that their brief was past due and extended the deadline to June 14, 2018. On June 25, 2018, the clerk of this again notified Appellants that their brief was past due. In the June 25 letter, this court extended the deadline to July 5, 2018, and informed Appellants that the failure to timely file their brief by the July 5 due date “may result in dismissal of the appeal.” See TEX. R. APP. P. 38.8(a)(1); 42.3(b). As of this date, Appellants have not filed a brief, nor have they requested any further extensions of time in which to file their brief. Based upon Appellants’ failure to prosecute this appeal in a timely manner, we conclude that this appeal should be dismissed. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). Accordingly, we dismiss this appeal for want of prosecution.

PER CURIAM

July 19, 2018 Panel consists of: Willson, J., Bailey, J., and Wright, S.C.J.1

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas, sitting by assignment.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion filed July 19, 2018

In The

Eleventh Court of Appeals __________

No. 11-17-00223-CV __________

HOLSTON BANKS, JR., PRISCILLA SMITH, BERNADETTE YOUNG, TYRONE BANKS, TIMOTHY BANKS, AND BELINDA GAIL SCOTT, Appellants V. CITY OF BIG SPRING, TEXAS AND DARNELL CONSTRUCTION, LLC, Appellees

On Appeal from the 118th District Court Howard County, Texas Trial Court Cause No. 50329

MEMORANDUM OPINION Appellants’ brief was originally due to be filed in this court on or before January 11, 2018. After receiving three extensions of time in which to file the brief, Appellants’ counsel was permitted to withdraw despite the objections of his clients. Upon counsel’s withdrawal, this court notified Appellants that their brief was due to be filed on or before May 14, 2018. We subsequently notified Appellants that their brief was past due and extended the deadline to June 14, 2018. On June 25, 2018, the clerk of this again notified Appellants that their brief was past due. In the June 25 letter, this court extended the deadline to July 5, 2018, and informed Appellants that the failure to timely file their brief by the July 5 due date “may result in dismissal of the appeal.” See TEX. R. APP. P. 38.8(a)(1); 42.3(b). As of this date, Appellants have not filed a brief, nor have they requested any further extensions of time in which to file their brief. Based upon Appellants’ failure to prosecute this appeal in a timely manner, we conclude that this appeal should be dismissed. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). Accordingly, we dismiss this appeal for want of prosecution.

PER CURIAM

July 19, 2018 Panel consists of: Willson, J., Bailey, J., and Wright, S.C.J.1

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas, sitting by assignment.

Cite This Page — Counsel Stack

Bluebook (online)

Holston Banks, Jr., Priscilla Smith, Bernadette Young, Tyrone Banks, Timothy Banks, and Belinda Gail Scott v. City of Big Spring, Texas and Darnell Construction, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holston-banks-jr-priscilla-smith-bernadette-young-tyrone-banks-texapp-2018.