Olivia Garcia v. Armando D. Garcia and Teresa Garcia-Calderon

Opinion

MEMORANDUM OPINION No. 04-12-00306-CV

Olivia GARCIA, Appellant

v.

Armando D. GARCIA and Teresa Garcia-Calderon, Appellees

From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2011-PC-0276 Honorable Tom Rickhoff, Judge Presiding

PER CURIAM

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

Delivered and Filed: August 22, 2012

DISMISSED FOR WANT OF PROSECUTION

Appellant Olivia Garcia’s brief was due July 6, 2012. Neither the brief nor a motion for

extension of time was filed. On July 27, 2012, we ordered appellant to file, not later than August

6, 2012, her appellant’s brief and a written response reasonably explaining her failure to timely

file the brief. We advised Garcia that if she 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) (court may dismiss appeal because appellant has failed to 04-12-00306-CV

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 appellees, Armando D.

Garcia and Teresa Garcia-Calderon, recover their costs in this appeal from Olivia Garcia.

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