Opinion
No. 04-15-00554-CV
01-13-2016
Kathleen BARRACO, Appellant v. LEVY TOWNHOUSE OWNERS ASSOCIATION, INC., Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-19385
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
After this appeal was dismissed for want of prosecution, we granted Appellant's motion for rehearing, withdrew our previous opinion and judgment, reinstated this appeal on the court's docket, and set Appellant's brief due on December 28, 2015. See TEX. R. APP. P. 38.6(a). On January 5, 2016, this court notified Appellant by telephone that the brief was late and advised Appellant to file the brief or a motion for extension of time to file the brief.
On January 8, 2016, Appellant filed a reply to Appellee's response to Appellant's motion to reinstate this appeal and a motion for leave to file the reply. Appellant's motion for leave to file the reply is GRANTED.
Nevertheless, to date, Appellant has not filed a brief or a motion for extension of time to file the brief. See id. R. 38.6(d).
We ORDER Appellant to show cause in writing within TEN DAYS from the date of this order why this appeal should not be dismissed for want of prosecution. See id. R. 38.8(a), 42.3(b), (c); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.—San Antonio 1998, no pet.). Appellant's written response must include a reasonable explanation for Appellant's failure to timely file the brief. See TEX. R. APP. P. 38.8(a).
If Appellant fails to show cause as ordered, this appeal may be dismissed without further notice. See id. R. 42.3(b), (c); Elizondo, 975 S.W.2d at 63.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court