Uvaldo John Olivares v. Beck Ready Mix Concrete Company, LTD

• Court: Court of Appeals of Texas
• Decided: August 5, 2010
• Docket: 14-10-00319-CV
• Status: Published

Opinion

Opinion of July 29, 2010, Withdrawn, Dismissed and Corrected Memorandum Opinion filed August 5, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00319-CV

UVALDO JOHN OLIVARES, Appellant

V.

BECK READY MIX CONCRETE COMPANY, LTD., Appellee

On Appeal from the 224th District Court

Bexar County, Texas

Trial Court Cause No. 2008-CI-21410

C O R R E C T E D   M E M O R A N D U M   O P I N I O N

            The court withdraws its opinion of July 29, 2010, because of an incorrect District Court number and issues this corrected memorandum opinion in its place.

This is a restricted appeal from a default judgment signed October 23, 2009.  The clerk’s record was filed May 17, 2010.  Appellant’s brief was due June 16, 2010, but it was not filed.

            On July 8, 2010, this court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before July 30, 2010, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  On July 16, 2010, appellant notified this court that the underlying case has been resolved and there is no need to proceed with the appeal.  We construe appellant’s letter as a request to dismiss the appeal.  See Tex. R. App. P. 42.1.  The request is granted.

            Accordingly, the appeal is ordered dismissed.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.