Opinion
05-23-00751-CV
01-31-2024
SUN HOLDINGS, INC., Appellant v. HUDSON ENERGY SERVICES, LLC, Appellee
On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-01162
Before Justices Carlyle, Goldstein, and Breedlove
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE
Before the Court is appellee's motion to dismiss the appeal for failure to prosecute. Appellant has missed the deadline for filing its opening brief three times and appellee requests dismissal and damages for a frivolous appeal. See Tex. R. App. P. 45. Appellant's brief was first due October 2, 2023, see id. 4.1(a), and following two extensions, last due November 29, 2023. Appellee's motion has been on file for more than ten days, and appellant has not responded to the motion, filed its brief, or otherwise communicated with the Court. We decline to award appellee damages, but grant appellee's motion to the extent that we dismiss the appeal. See id. 38.8(a), 45.
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Hudson Energy Services, LLC recover its costs, if any, of this appeal from appellant Sun Holdings, Inc.
Judgment entered.