Kenneth Gregory Lupo v. Mary Damron Lupo

• Court: Court of Appeals of Texas
• Decided: April 6, 2006
• Docket: 14-05-00953-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 6, 2006

Dismissed and Memorandum Opinion filed April 6, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00953-CV

KENNETH GREGORY LUPO, Appellant/Cross-Appellee

V.

MARY DAMRON LUPO, Appellee/Cross-Appellant

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 04-63381

M E M O R A N D U M  O P I N I O N

This is an appeal from a divorce decree signed August 12, 2005.  The clerk=s record was filed on October 14, 2005.  The reporter=s record was filed November 4, 2005.  No brief was filed.

On January 19, 2006, this Court issued an order stating that unless appellant, Kenneth Gregory Lupo, submitted his brief, together with a motion reasonably explaining why the brief was late, on or before February 21, 2006, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  On January 23, 2006, appellee, Mary Damron Lupo, filed a motion to dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  On March 21, 2006, cross-appellant, Mary Damron Lupo, filed a motion to dismiss her cross-appeal.

Appellant, Kenneth Gregory Lupo, filed no response to our order of January 19, 2006, or to the motion to dismiss filed by appellee, Mary Damron Lupo.

Accordingly, the appeal filed by appellant, Kenneth Gregory Lupo, is ordered dismissed.  We grant the motion to dismiss, filed by cross-appellant, Mary Damron Lupo, and we dismiss the cross-appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 6, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.