Opinion
No. 03-09-00576-CV
Filed: February 18, 2011.
Appealed from the District Court of Bastrop County, 335th Judicial District No. 26,747, Honorable H. R. Towslee, Judge Presiding.
Before Justices PURYEAR, PEMBERTON and ROSE.
ORDER
This cause arises from a district court judgment awarding Terry and Joy Walden damages and attorney's fees from Stanley Shook, Patrick Jaehne, and SJ Endeavors, L.L.C., imposed jointly and severally. Shook and Jaehne each filed a notice of appeal from the judgment against him, and the Waldens also filed a notice of appeal with respect to certain district court rulings that were favorable to Shook, Jaehne, and SJ. On December 30, 2010, the Waldens filed a motion to dismiss Jaehne's appeal for want of prosecution. As the Waldens pointed out in their motion, Jaehne had not paid the filing fee for his appeal, nor responded to a November 3, 2009 notice from our clerk requesting payment. Similarly, Jaehne had not filed his appellant's brief, which had been due in September 2010, nor responded to a December 10, 2010 notice concerning his late brief. We requested that Jaehne file a response to the Waldens' motion. The deadline for Jaehne to file his response has now passed, and he has neither filed a response, nor sought an extension, nor taken action to remedy any of the delinquencies that prompted the Waldens' dismissal motion. Under the circumstances, we grant the Waldens' motion and dismiss Jaehne's appeal for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), (c).
This case shall proceed under the following style: Appellant, Stanley Shook Cross-Appellants, Terry Walden and Joy Walden v. Appellees, Terry Walden and Joy Walden Cross-Appellees, Stanley Shook and SJ Endeavors, L.L.C.
It is ordered February 18, 2011.