Richard Rivas, Jr. and Richard R. Serenil v. Randy Ortiz

Court of Appeals of Texas·Decided June 16, 2010·No. 04-09-00753-CV·Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00753-CV

Richard RIVAS Jr. and Richard R. Serenil, Appellants

v.

Randy ORTIZ, Appellee

From the 218th Judicial District Court, Frio County, Texas Trial Court No. 08-09-00220-CVF Honorable Stella Saxon, Judge Presiding

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

Delivered and Filed: June 16, 2010

DISMISSED FOR WANT OF PROSECUTION

The appellants’ brief of Richard Rivas Jr. and Richard R. Serenil was originally due March

19, 2010. The court granted appellants an extension until April 19, 2010 to file the brief. Neither

the brief nor a motion for extension of time was filed. On May 5, 2010, we ordered appellants to

file, not later than May 17, 2010, their appellants’ brief and a written response reasonably explaining

their failure to timely file the brief. We advised appellants that if they failed to file a brief and the 04-09-00753-CV

written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX .

R. APP . P. 38.8(a). Appellants have not filed a brief or the written response ordered by the court.

We therefore order this appeal dismissed for want of prosecution.

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