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Novelo v. Babcock

Court of Appeals of Texas, Fourth District, San Antonio
Feb 15, 2006
No. 04-05-00678-CV (Tex. App. Feb. 15, 2006)

Opinion

No. 04-05-00678-CV

Delivered and Filed: February 15, 2006.

Appeal from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 299229, Honorable Timothy Johnson, Judge Presiding.

Dismissed for Want of Prosecution.

Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


On October 26, 2005, we received a letter from the court reporter, Candy Zavala, stating that she did not take a record in this case and that she had not received a designation of record from the appellant, Richard Novelo d/b/a R M International Productions. Thus, because there was no reporter's record and no designation of a reporter's record, on October 26, 2005, the clerk of this court notified appellant that his brief was due on November 28, 2005. Neither the brief nor a motion for extension of time was filed.

On January 5, 2006, we ordered Richard Novelo d/b/a R M International Productions to file, on or before January 25, 2006, his appellant's brief and a written response reasonably explaining (1) his failure to timely file the brief and (2) why appellee is not significantly injured by his failure to timely file a brief. We warned that if Novelo failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See Tex.R.App.P. 38.8(a). Novelo did not file a brief or a written response. We, therefore, dismiss this appeal for want of prosecution. See id.


Summaries of

Novelo v. Babcock

Court of Appeals of Texas, Fourth District, San Antonio
Feb 15, 2006
No. 04-05-00678-CV (Tex. App. Feb. 15, 2006)
Case details for

Novelo v. Babcock

Case Details

Full title:RICHARD NOVELO D/B/A R M INTERNATIONAL PRODUCTIONS, Appellant, v. WILLIAM…

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

Date published: Feb 15, 2006

Citations

No. 04-05-00678-CV (Tex. App. Feb. 15, 2006)