Joann Martinez v. Winston Blake

• Court: Court of Appeals of Texas
• Decided: October 11, 2023
• Docket: 04-23-00490-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00490-CV

Joann MARTINEZ, Appellant

v.

Winston BLAKE, Appellee

From the County Court at Law No. 10, Bexar County, Texas Trial Court No. 2023CV01545 Honorable Cesar Garcia, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice Irene Rios Justice Beth Watkins, Justice

Delivered and Filed: October 11, 2023

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was originally due by August 21, 2023. When neither the brief nor a

motion for extension of time was filed, we ordered appellant to file, by September 21, 2023, her

brief and a written response reasonably explaining her failure to timely file a brief and why

appellee is not significantly injured by her failure to timely file a brief. In our order, we cautioned

appellant if she failed to timely file a brief and written response by the date ordered, we would

dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b), (c). Appellant 04-23-00490-CV

did not respond to our order, and to date, she has not filed a brief. We therefore dismiss this appeal

for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(c).

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