Ken Baker and K & S Demolition and Construction, LLC v. South Texas Dumpsters & Rentals, LLC

• Court: Court of Appeals of Texas
• Decided: February 9, 2023
• Docket: 13-22-00284-CV
• Status: Published

Opinion

NUMBER 13-22-00284-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

KEN BAKER AND K & S DEMOLITION AND CONSTRUCTION, LLC, Appellants,

v.

SOUTH TEXAS DUMPSTERS & RENTALS, LLC, Appellee.

On appeal from the County Court at Law No. 4 of Nueces County, Texas.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Silva Memorandum Opinion by Chief Justice Contreras

This matter is before the Court on its own motion. On November 9, 2022, the Clerk

of the Court notified appellants that, pursuant to Texas Rule of Appellate Procedure

38.8(a)(1), the appeal was subject to dismissal for want of prosecution unless, within ten days, appellants provided reasonable explanation for their failure to timely file briefs.

Appellants failed to respond to the notice and neither has filed a brief.

Appellants neither reasonably explained their failure to file a motion for extension

of time nor filed their briefs. Accordingly, the appeal is dismissed for want of prosecution.

See TEX. R. APP. P. 38.8(a), 42.3(b),(c).

DORI CONTRERAS Chief Justice

Delivered and filed on the 9th day of February, 2023.