Jason White v. Elizabeth Holt

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-19-00599-CV

Jason WHITE,

Appellant

v.

Elizabeth HOLT,

Appellee

From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 19-286

Honorable Kirsten Cohoon, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: January 22, 2020 DISMISSED FOR WANT OF PROSECUTION Appellant filed a restricted appeal from the trial court’s judgment signed on June 4, 2019.

Appellant’s brief was due December 9, 2019. Neither the brief nor a motion for extension of time was filed. On December 17, 2019, we ordered appellant to file his appellant’s brief and a written response reasonably explaining his failure to timely file the brief by January 2, 2020. We advised appellant that if he failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellant has not filed a brief or the written response as ordered by this court. We therefore dismiss this appeal for want of

04-19-00599-CV

prosecution. See id. We further order that appellee recover her costs of this appeal, if any, from appellant. See id. R. 43.4 PER CURIAM