Jessica Alyse Moreno v. Zapp Credit Solutions of San Antonio, LLC and Ruben Victor Juarez, Jr.

• Court: Court of Appeals of Texas
• Decided: January 8, 2024
• Docket: 08-23-00288-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JESSICA ALYSE MORENO, § No. 08-23-00288-CV

Appellant, § Appeal from the

v. § the 57th District Court

ZAPP CREDIT SOLUTIONS OF SAN § of Bexar County, Texas ANTONIO, LLC, and RUBEN VICTOR JUAREZ, JR., § (TC#2022-CI-24860)

Appellees.

MEMORANDUM OPINION

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

dismissed for want of prosecution. 1 See TEX. R. APP. P. 42.3.

We find that Appellant has yet to file an appellant’s brief. Appellant filed a notice of an

accelerated appeal on September 29, 2023. The Bexar County District Clerk filed a notice of late

record on October 10, 2023. Following the grant of extensions, the clerk’s record was filed on

October 20, 2023, while the reporter’s record was filed on October 23, 2023. Accordingly,

1 This case was transferred from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. We follow the precedent of the Fourth Court of Appeals to the extent it might conflict with our own. See TEX. R. APP. P. 41.3. Appellant’s brief was originally due on November 12, 2023. See TEX. R. APP. P. 38.6(a)(1) (stating

that in an accelerated appeal, an appellant must file a brief within 20 days after the later of the date

the clerk’s record or reporter’s record is filed). Nevertheless, on November 10, 2023, Appellant

thereafter filed, and this Court granted, a first motion for extension of time for Appellant’s brief,

thereby extending the briefing deadline to November 27, 2023.

On December 7, 2023, the Clerk of this Court sent a letter to Appellant, via her email

address, notifying her it appeared that she no longer wished to pursue this appeal, as neither an

appellant’s brief nor a motion for leave to file a late brief had yet been filed. See TEX. R. APP. P.

38.8. The letter indicated the Court would submit this case for dismissal after ten days had passed

unless any party could show grounds for continuing the appeal. On December 22, 2023, after no

response had been received, the Clerk of this Court sent a second notice repeating the same

information, but this time the notice was sent via U.S. Mail. As before, the letter gave notice of

our intent to dismiss for want of prosecution unless grounds for continuing the appeal were

provided. As of this date, more than ten days have passed from the Court’s latest notice, and

Appellant has yet to file either an appellant’s brief or a motion for leave to file a late brief.

Accordingly, we dismiss this appeal for want of prosecution.

GINA M. PALAFOX, Justice

January 8, 2024

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