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De La Rosa v. Sanchez

Court of Appeals of Texas, Fourth District, San Antonio
Jul 20, 2022
No. 04-22-00140-CV (Tex. App. Jul. 20, 2022)

Opinion

04-22-00140-CV

07-20-2022

Diego DE LA ROSA, Appellant v. Ernest SANCHEZ, Appellee


From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 2021CV04059 Honorable Grace M. Uzomba, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM

Appellant's brief was due to be filed on May 31, 2022; however, neither the brief nor a motion for extension of time was filed. Therefore, on June 15, 2022, this court ordered appellant to file, no later than June 27, 2022, his brief and a written response reasonably explaining: (1) his failure to timely file a brief, and (2) why appellee was not significantly injured by appellant's failure to timely file a brief. Our order cautioned appellant that if he failed to timely file a brief and the written response by June 27, 2022, we would dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a); see also Tex. R. App. P. 42.3(c) (allowing involuntary dismissal if appellant fails to comply with court order). Appellant did not respond to our June 15th order. On July 11, 2022, appellee filed a "Motion to Dismiss" asking this court (1) to dismiss the appeal because appellant has failed to file his brief and (2) for immediate possession of the property that is the subject of the underlying dispute.

We dismiss this appeal for want of prosecution. We deny appellee's motion as moot.


Summaries of

De La Rosa v. Sanchez

Court of Appeals of Texas, Fourth District, San Antonio
Jul 20, 2022
No. 04-22-00140-CV (Tex. App. Jul. 20, 2022)
Case details for

De La Rosa v. Sanchez

Case Details

Full title:Diego DE LA ROSA, Appellant v. Ernest SANCHEZ, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 20, 2022

Citations

No. 04-22-00140-CV (Tex. App. Jul. 20, 2022)