Robert M. Hytken and Hytken Family Limited v. Schaefer Family Trust, Frank G. Schaefer, Noeleen J. Schaefer, Co-Trustees Frank Schaefer Construction, Inc., Galveston Shores L.P.

• Court: Court of Appeals of Texas
• Decided: February 12, 2009
• Docket: 14-08-00640-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 12, 2009

Dismissed and Memorandum Opinion filed February 12, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00640-CV

ROBERT M. HYTKEN and HYTKEN FAMILY LIMITED, Appellants

V.

SCHAEFER FAMILY TRUST, FRANK G. SCHAEFER, NOELEEN J. SCHAEFER, CO-TRUSTEES FRANK SCHAEFER CONSTRUCTION, INC., GALVESTON SHORES L.P., Appellees

On Appeal from the 405th District Court

Galveston County, Texas

Trial Court Cause No. 06CV0627

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed April 22, 2008.  The clerk=s record was filed on August 14, 2008.  The reporter=s record was filed August 20, 2008.  Appellant=s brief was due September 19, 2008, but was not filed.  Accordingly, on October 16, 2008, this court ordered appellants to filed their brief on or before November 17, 2008.  Appellants then filed a motion for extension of time to file their brief, which was granted until December 17, 2008.  No brief or further motion for extension of time was filed.

On January 8, 2009, this Court issued an order stating that unless appellants submitted their brief, together with a motion reasonably explaining why the brief was late, on or before January 23, 2009, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  On February 2, 2009, appellees filed a motion to dismiss the appeal for failure to file a brief.  To date, no brief, extension request, or other response has been filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.