Opinion
No. 05-17-00586-CV
10-02-2017
JEREMY DELEON, Appellant v. OASIS SMOKEHOUSE, LLC, Appellee
On Appeal from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-02558
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright
Before the Court is appellee's September 6, 2017 motion to dismiss the appeal for want of prosecution. Appellant's brief was originally due on July 14, 2017. On July 17, 2017, we notified appellant his brief was past due and instructed him to file, within ten days, a brief and extension motion. We cautioned him that failure to comply will result in dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1). On July 28, 2017, appellant filed a motion requesting a thirty-day extension of time to file his brief. The Court granted the motion, extending the time to August 31, 2017.
On September 1, 2017, appellant submitted a document for electronic filing. The filing was rejected because it did not comply with rule 9 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9. The notice gave appellant three days to file a corrected electronic document. See TEX. R. APP. P. 9.4(k). As of today's date, appellant has not complied nor has he filed a response to the motion to dismiss.
Accordingly, we grant appellee's motion and dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b), (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170586F.P05
JUDGMENT
On Appeal from the 191st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-16-02558.
Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee OASIS SMOKEHOUSE, LLC recover its costs of this appeal from appellant JEREMY DELEON. Judgment entered October 2, 2017.