Marco Antonio Chagoya & Jose Manuel Figueroa v. Mario Vilchis

• Court: Court of Appeals of Texas
• Decided: April 27, 2023
• Docket: 01-22-00864-CV
• Status: Published

Opinion

Opinion issued April 27, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00864-CV ——————————— MARCO ANTONIO CHAGOYA AND JOSE MANUEL FIGUEROA, Appellants V. MARIO VILCHIS, Appellee

On Appeal from the 215th District Court Harris County, Texas Trial Court Case No. 2021-42426

MEMORANDUM OPINION

Appellants, Marco Antonio Chagoya and Jose Manuel Figueroa, have filed a

notice of appeal from the trial court’s October 21, 2022 judgment. Appellants have

failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). On December 15, 2022, the court reporter notified the Court that no reporter’s

record was taken in this case, and on December 28, 2022, the clerk’s record was

filed. Accordingly, appellants’ brief was due to be filed on or before January 27,

2023. See TEX. R. APP. P. 38.6(a). On January 27, 2023, appellants filed a motion

for extension of time to file their appellants’ brief, which the Court granted,

extending the deadline for appellants to file their brief to March 1, 2023. See TEX.

R. APP. P. 10.5(b), 38.6(d). Appellants did not file an appellants’ brief.

On March 9, 2023, the Clerk of this Court notified appellants that this appeal

was subject to dismissal unless a brief, or a motion to extend time to file a brief, was

filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). Despite the notice that this appeal was subject to

dismissal, appellants did not adequately respond.

Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), 43.2(f). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, Farris.