Kendrick Edwards v. Juan Garzaron

• Court: Court of Appeals of Texas
• Decided: May 22, 2014
• Docket: 01-13-00859-CV
• Status: Published

Opinion

Opinion issued May 22, 2014.

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-00859-CV ——————————— KENDRICK EDWARDS, Appellant V. JUAN GARZARON, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1034860

MEMORANDUM OPINION

On October 4, 2013, appellant, Kendrick Edwards, filed his notice of appeal

from a trial court judgment signed on September 5, 2013. See TEX. R. APP. P. 26.1.

On October 15, 2013, cross-appellant, Juan Garzaron, filed his notice of appeal from the September 5, 2013 judgment. See TEX. R. APP. P. 26.1(d). Because the

appellate record was complete on November 6, 2013, appellant’s and cross-

appellant’s briefs were due on December 6, 2013. See TEX. R. APP. P. 34.1,

38.6(a). After this Court granted cross-appellant’s motions for extension of time to

file cross-appellant’s brief, his brief was due on February 7, 2014. Appellant and

cross-appellant have failed to timely file their briefs. See TEX. R. APP. P. 38.6(a),

38.8(a). After being notified that this appeal was subject to dismissal, neither

appellant nor cross-appellant adequately responded. See TEX. R. APP. P. 42.3(b).

Accordingly, we dismiss the appellant’s and cross-appellant’s appeals for

want of prosecution for failure to timely file appellant’s and cross-appellant’s

briefs. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.