Richardo Martinez A/K/A Ricardo Martinez v. Filomena Garcia

• Court: Court of Appeals of Texas
• Decided: December 17, 2024
• Docket: 01-24-00560-CV
• Status: Published

Opinion

Opinion issued December 17, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00560-CV ——————————— RICHARD MARTINEZ, Appellant V. FILOMENA GARCIA, Appellee

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1184569

MEMORANDUM OPINION

Appellant, Richard Martinez, has filed a notice of appeal from the trial court’s

April 22, 2024 final judgment. Appellant has failed to timely file a brief. See TEX.

R. APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed in this appeal on August 16, 2024, and on August

20, 2024, the court reporter informed the Court that no record was taken. Appellant’s

brief was due to be filed on or before September 19, 2024. See TEX. R. APP. P.

38.6(a).

On September 18, 2024, appellant filed a motion for extension of time to file

his brief, which the Court granted, setting October 21, 2024 as the deadline for

appellant to file his brief. See TEX. R. APP. P. 10.5(b), 38.6(d). Appellant did not

file an appellant’s brief.

On November 5, 2024, the Clerk of this Court notified appellant that this

appeal was subject to dismissal unless a brief, or a motion to extend time to file a

brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing

failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal

for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure

to comply with notice from Clerk of Court). Despite the notice that this appeal was

subject to dismissal, appellant did not adequately respond to the November 5, 2024

notice.

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

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Countiss.