Opinion
NUMBER 13-18-00117-CV
08-09-2018
HAYMORE ENTERPRISES D/B/A GOLDEN CHICK, Appellant, v. ROBERT A. CASE, Appellee.
On appeal from the County Court of Bee County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion by Justice Benavides
Haymore Enterprises d/b/a Golden Chick filed a notice of appeal regarding a judgment signed on January 25, 2018 in cause number CV5140 in the County Court of Bee County, Texas. The appellant's brief was originally due on July 2, 2018. On July 6, 2018, the Clerk of the Court notified appellant that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. To date, appellant has not filed a response to this Court's directive or filed a brief.
Appellant has failed to either reasonably explain its failure to file a brief, file a motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a); id. R. 42.3(b).
GINA M. BENAVIDES,
Justice Delivered and filed the 9th day of August, 2018.