Michael Middleton v. Templeton Mortgage Corporation and Gary M. Poenisch

• Court: Court of Appeals of Texas
• Decided: November 18, 2020
• Docket: 04-20-00123-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 18, 2020

No. 04-20-00123-CV

Michael MIDDLETON, Appellant

v.

TEMPLETON MORTGAGE CORPORATION and Gary M. Poenisch, Appellees

From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 10-422 Honorable Kirsten Cohoon, Judge Presiding

ORDER Appellant’s brief was due on June 5, 2020. Neither the brief nor a motion for extension of time has been filed. We therefore ORDER appellant to file the appellant’s brief in this court no later than 15 days from the date of this order, along with a written response reasonably explaining: (1) his failure to timely file the brief and/or a motion for extension; and (2) why appellee is not significantly injured by appellant’s failure to timely file a brief.

If appellant fails to file a brief and the written response by the date ordered, his appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a); see also TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal if appellant has failed to comply with a court order).

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of November, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court