Richard L. Perez v. Department Stores National Bank, Now Merged Into Citibank, N.A.

• Court: Court of Appeals of Texas
• Decided: January 25, 2023
• Docket: 04-22-00510-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00510-CV

Richard L. PEREZ, Appellant

v.

DEPARTMENT STORES NATIONAL BANK, now merged into Citibank, N.A., Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2020CV05057 Honorable David J. Rodriguez, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: January 25, 2023

DISMISSED FOR WANT OF PROSECUTION

Appellant Richard Perez’s brief was due on October 27, 2022. Neither the brief nor a

motion for extension of time was filed. We therefore ordered Perez to file, on or before December

13, 2022, his appellant’s brief and a written response reasonably explaining (1) his failure to timely

file the brief and (2) why appellee was not significantly injured by his failure to timely file a brief.

We notified Perez that if he failed to file a brief and the written response by the date ordered, this

appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a); id. 42.3(b), (c). 04-22-00510-CV

Perez failed to respond to our order. Therefore, we dismiss this appeal for want of prosecution.

See id. 42.3(a), (c). Costs of appeal are taxed against Perez.

-2-