Opinion
No. 04-16-00556-CV
05-22-2017
ESTATE OF ADAN J. DOMINGUEZ, DECEASED
From the Probate Court No 2, Bexar County, Texas
Trial Court No. 2015PC2096
Honorable Tom Rickhoff, Judge Presiding
ORDER
Appellee has filed a Motion to Dismiss Appeal for Want of Prosecution and Motion for Recusal of Appellate Justice Rebeca C. Martinez. Appellee's motion for recusal is DENIED AS MOOT. Justice Martinez has recused herself.
Appellee's motion to dismiss argues that this appeal should be dismissed for want of prosecution because appellant's brief was due on April 28, 2017 and has not been filed. We DENY appellee's motion to dismiss. However, we ORDER Appellant Veronica Dominguez Evans to file her appellant's brief on or before June 1, 2017. If Appellant Veronica Dominguez Evans fails to file her brief by the date ordered, we will 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 has failed to comply with a court order).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court