Opinion
08-22-00010-CV
09-12-2022
QUANTA BUILDING GROUP, LLC and ALEX VALLADARES, Appellants, v. EQUIPMENT DEPOT TEXAS, INC., F/K/A EQUIPMENT DEPOT, LTDS, Appellee.
Appeal from the 414th Judicial District Court of McLennan County, Texas TC# 2019-3649-5
MEMORANDUM OPINION
GINA M. PALAFOX, JUSTICE
This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution. Finding that Appellants Quanta Building Group, LLC, and Alex Valladares, have not filed an Appellants' Brief, we dismiss this appeal for want of prosecution.
The trial court signed a final summary judgment on November 17, 2021. Appellants jointly filed a notice of appeal on December 16, 2021. On January 5, 2022, the appeal was transferred from the Tenth Court of Appeals to this Court by order of the Supreme Court of Texas. See Tex. R. App. P. 41.3. On July 28, 2022, Appellants filed a motion for an extension of time to file a brief. We granted the motion, thereby extending the deadline to August 21, 2022.
On August 26, 2022, the Clerk of this Court sent Appellants a letter indicating that it appeared Appellants no longer wished to pursue this appeal, as neither an Appellants' Brief, nor a second motion for extension of time had been filed. The letter indicated that the Court would submit this case for dismissal within 10 days unless any party could show grounds for continuing the appeal. As of this date, Appellants have not filed an Appellants' brief or a motion for extension of time to file a brief, nor has a response been received to the correspondence sent by the Court.
Pursuant to Rule 42.3(b) and (c), we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).
Before Rodriguez, C.J., Palafox, and Alley, JJ.