Milton B. Russell v. CPS Energy

Court of Appeals of Texas·Decided October 15, 2014·No. 04-14-00415-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00415-CV

Milton B. RUSSELL, Appellant

v.

CPS ENERGY, Appellee

From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-16913 Honorable Antonia Arteaga, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: October 15, 2014

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was due to be filed by August 18, 2014. See TEX. R. APP. P. 38.6(a). On

August 27, 2014, this court notified Appellant Milton B. Russell that neither his brief nor a motion

for extension of time had been filed, and we directed Appellant to file his brief or a motion for

extension of time by September 8, 2014.

On September 22, 2014, after no brief or motion for extension of time was filed, we ordered

Appellant Milton B. Russell to show cause in writing not later than October 2, 2014, why this 04-14-00415-CV

appeal should not be dismissed for want of prosecution. See id. R. 38.8(a). We warned Appellant

that if he failed to respond as ordered, this appeal would be dismissed. See id.

To date, Appellant has filed no response. Therefore, we dismiss this appeal for want of

prosecution. See id. R. 38.8(a)(1), 42.3(b).

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