Jeff Moseley v. FedEx Techconnect, Inc., LLC

Opinion

Court of Appeals

f o r THE

Third District of Texas

p.o. box 12547, austin, texas 78711-2547 (512)463-1733

Date: June 26, 2015 M 0 72015

Case Number: 03-14-00558-CV Jigsaw** mB& E4K

Trial Court No.: C-l-CV-13-010512 'Me

Style: Jeff Moselev v. FedEx Tcchconnect. Inc., LLC

The enclosed opinion and judgment were sent this date to the following persons:

The Honorable J. David Phillips The Honorable Billy Ray Stubblefield Judge, County Court at Law No. 1 Administrative Judge Travis County Courthouse Williamson County Courthouse P.O.Box 1748 405 Martin Luther King, Box 2 Austin, TX 78767 Georgetown, TX 78626 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

Mr. Geoffrey C. Price The Honorable Dana DeBeauvoir Law Office of Geoffrey C. Price Civil County Clerk 6010 Balcones Drive, First Floor Travis County Courthouse Austin, TX 78731 P. O. Box 149325 * DELIVERED VIA E-MAIL * Austin, TX 78714 * DELIVERED VIA E-MAIL *

Mr. Jeff Moseley 9603 Saunders Lane Austin, TX 78758

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JUNE 26,2015

NO. 03-14-00558-CV

Jeff Moseley, Appellant1

v.

FedEx Techconncct, Inc., LLC, Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY BEFORE JUSTICES PURYEAR, PEMBERTON, AND BOURLAND DISMISSED FOR WANT OF PROSECUTION - OPINION BY JUSTICE PEMBERTON

This is an appeal from the judgment signed by the trial court on March 5, 2014. Having

reviewed the record, the Court holds that appellant has not prosecuted his appeal and did not file

a brief, nor comply with a notice from the Clerk of this Court. Therefore, the Court dismisses

the appeal for want of prosecution. The appellant shall pay all costs relating to this appeal, both

in this Court and the court below.

1 Although the county court's judgment identifies defendant as"Jeff Moseley," appellant informed this Court in the agreed motion for extension oftime that the correct spelling is "JeffMosley."

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00558-CV

Jeff Moseley, Appellant1

v.

FedEx Tcchconnect, Inc., LLC, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-l-CV-13-010512, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

MEMORANDUM OPINION

After an extension obtained in November 2014, appellant's brief was due in this

Court on January 5, 2015. Ifan appellant fails to file a brief, this Court may dismiss the appeal for

want of prosecution unless the appellant reasonably explains the failure and appellee is not

significantly injured by that failure.2 On January 13,2015, we sent notice to appellant that his brief

was overdue and that the appeal may be dismissed for want of prosecution ifappellant did not submit

a proper motion to this Court on or before January 23, 2015. No brief or motion for extension of

time has been filed since that notice. Accordingly, we dismiss the appeal for want of prosecution.3

1 Although the county court's judgment identifies defendant as "Jeff Moseley," appellant informed this Court in the agreed motion for extension of time that the correct spelling is "JeffMosley."

2 See Tex. R. App. P. 38.8(a)(1).

3 See id. 42.3(b).

OFFICIAL BUSINESS

Court of Appeals STATE OF TEXAS « US POSTAGE»RTNEYBOWES

Third District

PENALTY FOR K

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P.O. BOX 12547. AUSTIN, TEXAS 78711-2547 PRIVATE USE

a:* Hgssr $000.41 £iii£ 0001401623 JUN 26 201'5

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MR. JEFF MOSELEY 9603 SAUNDERS LANE AUSTIN TX 78758

NIXIE 787 DE 1276 0007/01/15 RETURN TO SENDER i w s i i c t irTFNT ADDRESS UNABLE TO FORWARD

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