Hindera v. Dometrius

Full title: JOHN J. HINDERA, Appellant v. NELSON DOMETRIUS, Appellee

Court: Court of Appeals of Texas, Seventh District, Amarillo

Date published: Feb 24, 2005

No. 07-02-0112-CV (Tex. App. Feb. 24, 2005)

Opinion

No. 07-02-0112-CV

February 24, 2005.

Appeal from the 237th District Court of Lubbock County, No. 99-507,408, Honorable Sam Medina, Judge.

Panel E: Before REAVIS and CAMPBELL, JJ. and BOYD, S.J.¹

1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

MEMORANDUM OPINION

DON H. REAVIS, Justice.

Pending before this Court is the second motion to dismiss of appellee Nelson Dometrius by which he requests dismissal citing appellant John J. Hindera's lack of due diligence in pursuing this appeal. By order dated January 20, 2005, we reinstated the appeal and notified Hindera that failure to take any action within 10 days would result in dismissal for want of prosecution. Hindera did not respond. We grant Dometrius's motion and dismiss the appeal.

Accordingly, this appeal is dismissed for want of prosecution. Tex.R.App.P. 42.3(b).