Ruby Ann Marmolejo v. Luis Davalos

• Court: Court of Appeals of Texas
• Decided: September 27, 2023
• Docket: 04-23-00113-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00113-CV

Ruby Ann MARMOLEJO, Appellant

v.

Luis DAVALOS, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2022CV04978 Honorable David J. Rodriguez, Judge Presiding

PER CURIAM

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

Delivered and Filed: September 27, 2023

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was due to be filed by July 20, 2023; however, neither the brief nor a

motion for extension of time was filed. Therefore, on August 25, 2023, this court ordered appellant

to file, no later than September 5, 2023, its brief and a written response reasonably explaining: (1)

its 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 she failed to timely file a brief

and the written response by September 5, 2023, 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 04-23-00113-CV

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

25th order. We dismiss this appeal for want of prosecution.

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