Michael D. Rivera v. Space CT Towing LLC, North Freeway Auto Storage, and Meadowbrook Apartments

• Court: Court of Appeals of Texas
• Decided: May 6, 2025
• Docket: 01-24-00944-CV
• Status: Published

Opinion

Opinion issued May 6, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00944-CV ——————————— MICHAEL D. RIVERA, Appellant V. SPACE CT TOWING LLC, NORTH FREEWAY AUTO STORAGE, AND MEADOWBROOK APARTMENTS, Appellees

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1232433

MEMORANDUM OPINION

Appellant, Michael D. Rivera, has filed a notice of appeal from the trial court’s

order signed on October 24, 2024. Appellant has failed to timely file a brief. See

TEX. R. APP. P. 38.6(a) (governing time to file brief). On December 23, 2024, the clerk’s record was filed, and on December 30,

2024, the court reporter notified the Court that no record was taken in this case.

Accordingly, appellant’s brief was due to be filed on or before January 29, 2025.

See TEX. R. APP. P. 38.6(a). Appellant has not filed a brief.

On February 3, 2025, the Clerk of this Court notified appellant 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, appellant did not respond to the February 3, 2025 notice.

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

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.