PBAC 507 Holdings, LLC v. ESA P Portfolio, LLC

• Court: Court of Appeals of Texas
• Decided: October 10, 2023
• Docket: 03-23-00099-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00099-CV

PBAC 507 Holdings, LLC, Appellant

v.

ESA P Portfolio, LLC, Appellee

FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-22-006521, THE HONORABLE AURORA MARTINEZ-JONES, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant’s brief was originally due on May 2, 2023. After this Court granted

multiple motions requesting an extension of time to file its brief, the Court ordered appellant to

file its brief no later than August 30, 2023, and advised counsel that no further extensions would

be granted. Appellant’s prior counsel filed a motion for withdrawal on August 25, 2023.

Appellant’s newly substituted counsel filed a fifth motion, requesting that the Court extend the

time for filing appellant’s brief. In granting the most recent extension, the Court ordered

appellant to file its brief no later than September 29, 2023, and advised it that no further

extensions would be granted, even if future changes of counsel were to occur.

To date, the brief has not been tendered for filing and is overdue. Accordingly,

we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

__________________________________________ Gisela D. Triana, Justice Before Justices Baker, Triana, and Smith

Dismissed for Want of Prosecution

Filed: October 10, 2023