Opinion
No. 04-15-00554-CV
02-03-2016
Kathleen BARRACO, Appellant v. LEVY TOWNHOUSE OWNERS ASSOCIATION, INC., Appellee
MEMORANDUM OPINION
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-19385
Honorable Cathleen M. Stryker, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED FOR WANT OF PROSECUTION
On October 14, 2015, we dismissed this appeal for want of prosecution for failure to timely pay for the clerk's record. Appellant Kathleen Barraco timely filed a motion for rehearing addressing the fees deficiencies and Appellee filed a response. We granted Appellant's motion, reinstated the appeal, and set Appellant's brief due on December 28, 2015.
On January 8, 2016, Appellant filed a reply to Appellee's response to Appellant's motion to reinstate the appeal, but Appellant did not timely file a brief or a motion for extension of time to file the brief. See TEX. R. APP. P. 38.6(a), (d).
On January 13, 2016, after no brief or motion for extension of time was filed, we ordered Appellant Kathleen Barraco to show cause in writing not later than January 25, 2016, 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.). In our January 13, 2016 order, we warned Appellant as follows: "If Appellant fails to show cause as ordered, this appeal may be dismissed without further notice." To date, Appellant has filed no response to our January 13, 2016 order.
We dismiss this appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b); Elizondo, 975 S.W.2d at 63.
PER CURIAM