Stella Salmeron and Carlos Salmeron v. HEB Grocery Company LP

• Court: Court of Appeals of Texas
• Decided: March 7, 2024
• Docket: 01-22-00395-CV
• Status: Published

Opinion

Opinion issued March 7, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00395-CV ——————————— STELLA SALMERON AND CARLOS SALMERON, Appellants V. HEB GROCERY COMPANY LP, Appellee

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1177073

MEMORANDUM OPINION

Appellants, Stella Salmeron and Carlos Salmeron, have failed to timely file a

brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing

failure of appellant to file brief). We dismiss the appeal for want of prosecution. See

TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case). Appellants’ brief was originally due on August 19, 2022. Appellants were

granted multiple extensions of time to file their brief, with the last two orders

notifying appellants that no further extensions would be granted. The last extension

order granted appellants until August 15, 2023, to file their brief. After appellants

failed to file their brief by the extended deadline and were notified that this appeal

was subject to dismissal, appellants filed a motion on October 26, 2023, requesting

an additional 160 days to file their brief. On October 31, 2023, our Court issued an

order denying appellants’ extension motion and informing appellants that the appeal

would be dismissed unless they filed their brief within 10 days. Despite the denial

of their extension motion and being informed that the appeal would be dismissed,

appellants filed yet another extension motion on November 9, 2023, requesting an

additional 90 days to file their brief.

To date, appellants have not filed a brief in this appeal. Accordingly, we deny

appellant’s pending extension motion and dismiss the appeal for want of

prosecution. Any other pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Hightower.