Miguel Lopez v. the Garbage Man, Inc. D/B/A the G-Man, Inc., Gary Hawley, David Munoz, Anthony Johnson, and Loretta Ayres

Court of Appeals of Texas

Miguel Lopez v. the Garbage Man, Inc. D/B/A the G-Man, Inc., Gary Hawley, David Munoz, Anthony Johnson, and Loretta Ayres

DecidedFebruary 11, 2009

Docket12-08-00384-CV

StatusPublished

This text of Miguel Lopez v. the Garbage Man, Inc. D/B/A the G-Man, Inc., Gary Hawley, David Munoz, Anthony Johnson, and Loretta Ayres (Miguel Lopez v. the Garbage Man, Inc. D/B/A the G-Man, Inc., Gary Hawley, David Munoz, Anthony Johnson, and Loretta Ayres) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miguel Lopez v. the Garbage Man, Inc. D/B/A the G-Man, Inc., Gary Hawley, David Munoz, Anthony Johnson, and Loretta Ayres, (Tex. Ct. App. 2009).

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Opinion

NO. 12-08-00384-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS MIGUEL LOPEZ, § APPEAL FROM THE 114TH APPELLANT

V. § JUDICIAL DISTRICT COURT OF

THE GARBAGE MAN, INC. D/B/A THE G-MAN, INC., GARY HAWLEY, DAVID MUNOZ, ANTHONY JOHNSON, § SMITH COUNTY, TEXAS AND LORETTA AYRES, APPELLEES MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected his appeal on September 24, 2008. Thereafter, the reporter’s record was filed on November 24, 2008, making Appellant’s brief due on or before December 29, 2008. When Appellant failed to file his brief within the required time, this court notified him on January 16, 2009 that the brief was past due and warned that if no motion for extension of time to file the brief was received by January 26, 2009, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(c). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellees had not suffered material injury thereby. To date, Appellant has neither complied with or otherwise responded to this court’s January 16, 2009 notice. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). Opinion delivered February 11, 2009. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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NO. 12-08-00384-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS MIGUEL LOPEZ, § APPEAL FROM THE 114TH APPELLANT

V. § JUDICIAL DISTRICT COURT OF

THE GARBAGE MAN, INC. D/B/A THE G-MAN, INC., GARY HAWLEY, DAVID MUNOZ, ANTHONY JOHNSON, § SMITH COUNTY, TEXAS AND LORETTA AYRES, APPELLEES MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected his appeal on September 24, 2008. Thereafter, the reporter’s record was filed on November 24, 2008, making Appellant’s brief due on or before December 29, 2008. When Appellant failed to file his brief within the required time, this court notified him on January 16, 2009 that the brief was past due and warned that if no motion for extension of time to file the brief was received by January 26, 2009, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(c). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellees had not suffered material injury thereby. To date, Appellant has neither complied with or otherwise responded to this court’s January 16, 2009 notice. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). Opinion delivered February 11, 2009. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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Miguel Lopez v. the Garbage Man, Inc. D/B/A the G-Man, Inc., Gary Hawley, David Munoz, Anthony Johnson, and Loretta Ayres, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miguel-lopez-v-the-garbage-man-inc-dba-the-g-man-i-texapp-2009.