Texen Oil & Gas, Inc. v. Jocelynn S. Arnold

Court of Appeals of Texas

Texen Oil & Gas, Inc. v. Jocelynn S. Arnold

DecidedJanuary 25, 2007

Docket13-06-00496-CV

StatusPublished

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Texen Oil & Gas, Inc. v. Jocelynn S. Arnold, (Tex. Ct. App. 2007).

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Opinion

NUMBER13-06-496-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________________

TEXEN OIL & GAS, INC., Appellant,

v.

JOCELYNN S. ARNOLD, ET AL., Appellees.

__________________________________________________________________

On appeal from the 24th District Court of Victoria County, Texas.

__________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam

Appellant, TEXEN OIL & GAS, INC., perfected an appeal from a judgment entered by the 24th District Court of Victoria County, Texas, in cause number 05-2-62,357-AA. The clerk's record was filed on October 31, 2006. The reporter's record was filed on September 15, 2006. Appellant's brief was due on November 30, 2006. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On December 14, 2006, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant's failure to file a proper appellate brief, this Court's notice, and appellant's failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 25^th day of January, 2007

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NUMBER13-06-496-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________________

TEXEN OIL & GAS, INC., Appellant,

v.

JOCELYNN S. ARNOLD, ET AL., Appellees.

__________________________________________________________________

On appeal from the 24th District Court of Victoria County, Texas.

__________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam

Appellant, TEXEN OIL & GAS, INC., perfected an appeal from a judgment entered by the 24th District Court of Victoria County, Texas, in cause number 05-2-62,357-AA. The clerk's record was filed on October 31, 2006. The reporter's record was filed on September 15, 2006. Appellant's brief was due on November 30, 2006. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On December 14, 2006, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant's failure to file a proper appellate brief, this Court's notice, and appellant's failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 25^th day of January, 2007

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Texen Oil & Gas, Inc. v. Jocelynn S. Arnold, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texen-oil-gas-inc-v-jocelynn-s-arnold-texapp-2007.