Rueben Mendoza v. Fort Worth Housing Authority and Ameritex Security

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00376-CV

RUEBEN MENDOZA APPELLANT

V.

FORT WORTH HOUSING APPELLEES AUTHORITY AND AMERITEX SECURITY

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FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 352-259031-12

MEMORANDUM OPINION1

After pro se appellant Rueben Mendoza failed to file his brief, we notified

him that if he did not file a response reasonably explaining his failure to timely file

a brief, we would dismiss the appeal for want of prosecution. See Tex. R. App.

P. 38.8(a)(1). Mendoza filed a response, but it did not set out a reasonable

1 See Tex. R. App. P. 47.4. explanation for his failure to file a brief, and Appellee Fort Worth Housing

Authority (FWHA) filed a motion to dismiss the appeal based on Mendoza’s

failure to file his brief and his failure to state a reasonable explanation for his

failure to file his brief. Mendoza filed a response to FWHA’s motion, in which he

stated that because of his health issues, he was “being forced to step back,

heal[,] and regenerate . . . and leave this case unfinished.” Therefore, we grant

FWHA’s motion and dismiss the appeal for want of prosecution. See Tex. R.

App. P. 38.8(a)(1), 43.2(f).

PER CURIAM

PANEL: MCCOY, MEIER and GABRIEL, JJ.

DELIVERED: November 20, 2014