Tariq Chowdhury v. Beckford Place Homeowner's Association

Court of Appeals of Texas·Decided September 27, 2011·No. 14-10-01078-CV·Published

Opinion

Dismissed and Memorandum Opinion filed September 27, 2011.

In The

Fourteenth Court of Appeals

NO. 14-10-01078-CV

TARIQ CHOWDHURY, Appellant

V.

BECKFORD PLACE HOMEOWNER’S ASSOCIATION, Appellee

On Appeal from the 270th District Court Harris County, Texas

Trial Court Cause No. 2010-36306

MEMORANDUM OPINION

This is an appeal from a summary judgment signed October 8, 2010. The appeal was abated for a determination as to appellant’s indigence. On March 8, 2011, this court ruled that appellant was deemed indigent for appeal and entitled to preparation of the record without advance payment of costs. See Tex. R. App. P. 20.1.

A complete clerk’s record was filed April 15, 2011, and the appeal was reinstated.

The official court reporter advised this court that no reporter’s record was taken in this

case. Accordingly, appellant’s brief was due May 14, 2011. See Tex. R. App. P. 38.6(a). Appellant did not file a brief or a motion for extension of time to file his brief. On June 2, 2011, this court issued an order stating that unless appellant filed a brief and a motion reasonably explaining why the brief was late on or before June 20, 2011, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant requested and was granted an extension of time to file his brief until July 21, 2011. No brief was filed.

On August 11, 2011, this court again issued an order stating that unless appellant filed a brief, together with a motion reasonably explaining why the brief was late, on or before September 12, 2011, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant has not filed a brief or any other response to the court’s order.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

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

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