Opinion
No. 04-11-00587-CV
01-11-2012
Brian K. ALFARO, Pinnacle Partners Financial Corp., & Alfaro Oil & Gas, LLC, Appellants v. Eugene HERRMANN, Appellee
MEMORANDUM OPINION
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-12354
Honorable Janet P. Littlejohn, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
DISMISSED FOR WANT OF PROSECUTION
Appellants Brian K. Alfaro, Pinnacle Partners Financial Corp., and Alfaro Oil & Gas, LLC appeal the trial court's judgment signed July 14, 2011. On October 31, 2011, we ordered appellants to provide written proof to this court on or before November 10, 2011, that either (1) the reporter's fee had been paid or arrangements satisfactory to the reporter had been made, or (2) they were entitled to the record without prepayment of the reporter's fee. We advised that if appellants did not respond, their brief would be due November 30, 2011, and we would consider only those issues or points raised that did not require a reporter's record for a decision. Appellants did not provide the proof of payment nor establish they were entitled to appeal without paying the fee. Appellants' brief was therefore due November 30, 2011, raising only those issues that did not require a reporter's record for a decision. Neither the brief nor an extension of time to file the brief was filed on or before November 30, 2011.
Accordingly, on December 12, 2011, we ordered appellants to file, not later than December 22, 2011, the appellants' brief and a written response reasonably explaining their failure to timely file the brief. We advised appellants that if they failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellants have not filed a brief or the written response ordered by the court.
We therefore order this appeal dismissed for want of prosecution. We further order that appellee, Eugene Herrmann, recover his costs in this appeal from appellants Brian K. Alfaro, Pinnacle Partners Financial Corp., and Alfaro Oil & Gas, LLC.
PER CURIAM