Rafael Gurrusqueita Vega, D/B/A Restaurante Y Taqueria Altamirano v. Harris County

Opinion

Opinion issued December 13, 2012

In The Court of Appeals For The First District of Texas

NO. 01-11-00834-CV

RAFAEL GURRUSQUEITA VEGA D/B/A RESTAURANTE Y TAQUERIA ALTAMIRANO, Appellant

V.

HARRIS COUNTY, ON BEHALF OF ITSELF AND THE HARRIS COUNTY DEPARTMENT OF EDUCATION, THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, THE HARRIS COUNTY FLOOD CONTROL DISTRICT, AND THE HARRIS COUNTY HOSPITAL DISTRICT; CITY OF HOUSTON; HOUSTON INDEPENDENT SCHOOL DISTRICT; AND HOUSTON COMMUNITY COLLEGE SYSTEM, Appellees

On Appeal from the 270th District Court Harris County, Texas Trial Court Cause No. 2010-59315

MEMORANDUM OPINION Appellant, Rafael Gurrusqueita Vega d/b/a Restaurante y Taqueria

Altamirano, perfected an appeal from the trial court’s judgment entered on August

30, 2011. On July 26, 2012, the court reporter informed this Court that no

reporter’s record exists in this case. The trial court clerk filed the clerk’s record on

August 14, 2012. On August 30, 2012, the Clerk of this Court notified appellant,

at his address in the George J. Beto Facility, Texas Department of Criminal Justice,

Tennessee Colony, Texas, that, because no reporter’s record exists, his brief was

due on October 1, 2012. See TEX. R. APP. P. 38.6(a). The Court’s letter was

returned, and the Court was informed that appellant had been discharged and had

left no forwarding address.

On October 22, 2012, after appellant failed to timely file a brief, the Clerk of

this Court notified appellant that he had failed to timely file a brief and that failure

to file a brief and motion for extension by November 12, 2012 could lead to

dismissal of this appeal. See TEX. R. APP. P. 38.8(a), 42.3(b). This letter was also

returned, because appellant had been discharged and left no forwarding address.

Accordingly, because appellant has neither filed a brief nor responded to the

Court’s notice, and appellant has not provided us with any other address or means

of contacting him, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 38.8(a); 42.3(b). We dismiss any pending motions as moot.

Panel consists of Justices Jennings, Higley, and Sharp.