Matrix Engineering, Ltd. v. Pedro Covarrubias

Opinion

MEMORANDUM OPINION No. 04-11-00365-CV

MATRIX ENGINEERING, LTD., Appellant

v.

Pedro COVARRUBIAS, Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CI-11493 Honorable Antonia Arteaga, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: January 11, 2012

DISMISSED FOR WANT OF PROSECUTION

Appellant, Matrix Engineering, Ltd., appealed the trial court’s judgment in Trial Court

No. 2007-CI-11493. Appellant’s brief was due October 31, 2011. Because appellant failed to file

its brief we ordered appellant to file, on or before December 12, 2011, its appellant’s brief and a

written response reasonably explaining its failure to timely file the brief. We advised appellant

that if it failed to file a brief and the written response by the date ordered, we would dismiss the

appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); see also TEX. R. APP. P. 42.3(c) 04-11-00365-CV

(court may dismiss appeal because appellant has failed to comply with a court order within the

time provided). Appellant has not filed a brief or the written response ordered by the court.

We therefore order this appeal dismissed. We further order that appellee recover his

costs in this appeal from appellant.

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