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Diaz v. Guerrero

Court of Appeals of Texas, Fourth District, San Antonio
Aug 11, 2004
No. 04-03-00883-CV (Tex. App. Aug. 11, 2004)

Opinion

No. 04-03-00883-CV

Delivered and Filed: August 11, 2004.

Appeal from the 37th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CI-04810, Honorable Patrick J. Boone, Judge Presiding.

Dismissed for Want of Prosecution

Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


On March 15, 2004, appellant filed an appellate brief that did not comply with Texas Rule of Appellate Procedure 38.1 because it did not provide any citations to the record. See Tex.R.App.P. 38.1(f), (h). Additionally, the brief did not comply with Rule 9.4, which provides that the front and back covers must not be plastic. See Tex.R.App.P. 9.4(f). On March 24, 2004, this court ordered appellant to file an amended brief that complies with these rules no later than April 6, 2004. Appellant did not respond to the order. Accordingly, on April 22, 2004, this court ordered appellant to show cause in writing no later than May 6, 2004 why this appeal should not be dismissed. See Tex.R.App.P. 42.3(b), (c). On May 6, 2004, appellant filed a motion for an extension of time, which this court construed as both a response to the show cause order and a request for additional time in which to file a brief that complies with the appellate rules. However, when appellant filed his motion, he did not pay the filing fee of $10.00. Accordingly, on May 6, 2004, this court directed appellant to pay the fee within ten days. Appellant did not respond. On May 28, 2004, this court granted appellant's motion for extension of time and ordered that (1) appellant pay the $10.00 fee for filing his motion for extension of time no later than June 7, 2004 and (2) appellant file an amended brief that complies with the rules no later than June 7, 2004. Appellant has not responded.

Accordingly, on July 6, 2004, this court ordered appellant to show cause in writing no later than July 12, 2004 why this appeal should not be dismissed for want of prosecution. See Tex.R.App.P. 38.8(a). Appellant has not responded.

The appeal is dismissed. See Tex.R.App.P. 38.8(a)(1); see also Tex.R.App.P. 42.3(b), (c). Costs of appeal are taxed against appellant.


Summaries of

Diaz v. Guerrero

Court of Appeals of Texas, Fourth District, San Antonio
Aug 11, 2004
No. 04-03-00883-CV (Tex. App. Aug. 11, 2004)
Case details for

Diaz v. Guerrero

Case Details

Full title:JANICE DIAZ, Appellant v. ANDREW HUGO GUERRERO, Appellee

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

Date published: Aug 11, 2004

Citations

No. 04-03-00883-CV (Tex. App. Aug. 11, 2004)