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Kendrick v. Wetherell

Court of Appeals Ninth District of Texas at Beaumont
Jul 2, 2020
NO. 09-20-00032-CV (Tex. App. Jul. 2, 2020)

Opinion

NO. 09-20-00032-CV

07-02-2020

CHARLES KENDRICK, Appellant v. C. WETHERELL - POLUNSKY UNIT, Appellee


On Appeal from the 411th District Court Polk County, Texas
Trial Cause No. CIV33394

MEMORANDUM OPINION

On January 8, 2020, the trial court signed an order dismissing appellant's suit as frivolous. See Tex. Civ. Prac. & Rem. Code Ann. § 14.003(b)(4). Appellant filed a notice of appeal but failed to file a brief. On April 16, 2020, we notified the parties that the appellant's brief was past due and warned that if the brief and a motion for extension of time were not filed, the case would be submitted to the Court on the record alone. The Clerk also notified the parties that submission without briefs could result in dismissal of the appeal for want of prosecution. On May 4, 2020, we notified the parties that the appeal would be submitted to the Court on the record alone on May 25, 2020.

The Clerk has provided notice to the appellant that the appeal could be dismissed for want of prosecution for failure to comply with the Court's direction. Appellant has failed to comply with the Court's instruction to prosecute the appeal. Accordingly, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

PER CURIAM Submitted on May 25, 2020
Opinion Delivered July 2, 2020 Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

Kendrick v. Wetherell

Court of Appeals Ninth District of Texas at Beaumont
Jul 2, 2020
NO. 09-20-00032-CV (Tex. App. Jul. 2, 2020)
Case details for

Kendrick v. Wetherell

Case Details

Full title:CHARLES KENDRICK, Appellant v. C. WETHERELL - POLUNSKY UNIT, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Jul 2, 2020

Citations

NO. 09-20-00032-CV (Tex. App. Jul. 2, 2020)