Opinion
07-24-00134-CV
08-14-2024
CARLOS SALDIVAR, APPELLANT v. CITY OF AUSTIN, APPELLEE
On Appeal from the 126th District Court Travis County, Texas Trial Court No. D-1-GN-17-003972, Honorable Amy Clark Meachum, Presiding
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
MEMORANDUM OPINION
Per Curiam
Appellant, Carlos Saldivar, appeals from the trial court's Order Granting Defendant's Motion to Dismiss for Want of Prosecution and Final Judgment. Appellant's brief was due June 13, 2024, but was not filed. By letter of July 8, 2024, we notified Appellant that the appeal was subject to dismissal for want of prosecution, without further notice, if a brief was not received by July 18. On July 18, 2024, Appellant filed a motion for an extension of time, but the motion failed to include a certificate of conference and was not accompanied by the requisite filing fee. See TEX. R. APP. P. 5 ("A party who is not excused by statute or these rules from paying costs must pay-at the time an item is presented for filing-whatever fees are required by statute or Supreme Court order.), 10.1(a)(5) (requiring motions in civil cases to include a certificate of conference). Accordingly, the motion was rejected by the Clerk of this Court and Appellant was directed to file a corrected motion with the filing fee by July 22, 2024. To date, Appellant has neither filed a brief nor a corrected motion for an extension and has had no further communication with this Court. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b).
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001.