Richard L. Perez v. Citibank, N.A.

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00511-CV

Richard L. PEREZ, Appellant

v.

CITIBANK, N.A., Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2021CV00521 Honorable David J. Rodriguez, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: December 28, 2022

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was due to be filed by October 24, 2022. Neither the brief nor a motion

for extension of time has been filed. Therefore, on November 30, 2022, this court ordered appellant

to file, no later than December 12, 2022, his brief and a written response reasonably explaining:

(1) his failure to timely file a brief, and (2) why appellee is not significantly injured by appellant’s

failure to timely file a brief. Our order cautioned appellant that if he failed to timely file a brief

and the written response by December 12, 2022, 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) (allowing involuntary 04-22-00511-CV

dismissal if appellant fails to comply with court order). Appellant did not respond to our November

30th order. We dismiss this appeal for want of prosecution.

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