Walter Varela v. the Bank of New York Mellon

• Court: Court of Appeals of Texas
• Decided: December 4, 2018
• Docket: 01-18-00703-CV
• Status: Published

Opinion

Opinion issued December 4, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00703-CV ——————————— WALTER VARELA, Appellant V. THE BANK OF NEW YORK MELLON, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1110896

MEMORANDUM OPINION Appellant, Walter Varela, has failed to timely file his appellant’s brief. See

TEX. R. APP. P. 38.6(a)(1), (d), 38.8(a)(1). On November 6, 2018, the Clerk of this

Court notified appellant that his deadline to file his appellant’s brief had expired and

that his appeal was subject to dismissal for want of prosecution if he failed to timely file his appellant’s brief or an extension within 10 days of the date of that notice.

See TEX. R. APP. P. 38.6(d), 38.8(a)(1), 42.3(b). Appellant failed to timely file a

brief or request an extension. See TEX. R. APP. P. 38.8(a)(1), 42.3(c).

Accordingly, we dismiss the appeal for want of prosecution for failure to

timely file an appellant’s brief. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

PER CURIAM Panel consists of Justices Higley, Lloyd, and Caughey.