Opinion
No. 14-03-00391-CV.
Memorandum Opinion filed February 26, 2004.
On Appeal from the 257th District Court, Harris County, Texas, Trial Court Cause No. 89-05604.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.
MEMORANDUM OPINION
This is an appeal from a judgment signed January 3, 2003. The reporter's record was filed on May 2, 2003. The clerk's record was filed on June 11, 2003. Appellant's brief was originally due July 11, 2003, but was not filed. The court granted appellant extensions of time to file the brief until October 3, 2003. When the last extension was granted, the Court noted that no further extensions would be granted absent exceptional circumstances. No brief or further motion for extension of time was filed.
On October 9, 2003, this Court ordered that unless appellant submitted his brief, and a motion reasonably explaining why the brief was late, to the Clerk of this Court on or before November 7, 2003, the Court would dismiss the appeal for want of prosecution. See TEX. R. App. P. 42.3(b). On October 10, 2003, the parties filed a joint motion to abate the appeal so that this dispute could be mediated. We granted the motion and abated our October 9, 2003 order for a period of sixty days so that the parties could attempt to resolve this dispute in mediation. The sixty-day period has expired. Our October 16, 2003 abatement order required the parties to file an appropriate motion either to dismiss the appeal or for an extension of time within ten days of the conclusion of mediation. No motion was filed.
On February 5, 2004, this court issued an order reinstating the appeal and stating that unless appellant, David Mercaldo, submitted his brief, together with a motion reasonably explaining why the brief was late, on or before February 20, 2004, the Court would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant filed no response.
Accordingly, the appeal is ordered dismissed.