Joe Hernandez v. Benita Hernandez

• Court: Court of Appeals of Texas
• Decided: July 29, 2004
• Docket: 14-04-00367-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 29, 2004

Dismissed and Memorandum Opinion filed July 29, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00367-CV

JOE HERNANDEZ, Appellant

V.

BENITA HERNANDEZ, Appellee

On Appeal from 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 03-CV-132424

M E M O R A N D U M  O P I N I O N

This is an appeal from a summary judgment signed April 1, 2004.  The clerk=s record was filed on April 30, 2004.  Appellant=s brief was due June 1, 2004, but was not filed.

On June 17, 2004, this court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before July 16, 2004, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).

In response to this court=s order, appellant filed a pro se motion for extension of time  requesting an additional sixty-day extension of time to hire an attorney to prepare a brief on his behalf.  The motion is denied.

Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(b).

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 29, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.