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Rutland v. MH Builders

Court of Appeals of Texas, Eighth District, El Paso
Sep 23, 2009
No. 08-09-00107-CV (Tex. App. Sep. 23, 2009)

Opinion

No. 08-09-00107-CV

September 23, 2009.

Appealed from the 73rd District Court of Bexar County, Texas, (TC# 2007-CI-10286).

Before CHEW, C.J., McCLURE, and RIVERA, JJ.


MEMORANDUM OPINION


This Court possesses the authority to dismiss an appeal for want of prosecution when the appellant fails to file a brief within the time proscribed and provides no reasonable explanation for such failure. Tex.R.App.P. 38.8(a)(1). By letter dated July 22, 2009, the clerk of this Court informed Appellant of the Court's intent to dismiss this appeal for want of prosecution due to Appellant's failure to file a brief or request an extension of time to do so. The Court advised Appellant that the appeal would be dismissed without further notice unless Appellant responded within ten days and provided a reason why the appeal should be continued. See Tex.R.App.P. 38.8. Appellant has not responded to the clerk's notice. Therefore, pursuant to Tex.R.App.P. 38.8(a)(1), we dismiss the appeal for want of prosecution.


Summaries of

Rutland v. MH Builders

Court of Appeals of Texas, Eighth District, El Paso
Sep 23, 2009
No. 08-09-00107-CV (Tex. App. Sep. 23, 2009)
Case details for

Rutland v. MH Builders

Case Details

Full title:MICHAEL W. RUTLAND, Appellant, v. MH BUILDERS, INC. AND MATT HAND…

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Sep 23, 2009

Citations

No. 08-09-00107-CV (Tex. App. Sep. 23, 2009)