Opinion
NO. 01-11-00333-CV
01-03-2013
ANDREW WHALLON, DAHLIA GARCIA, AND RICHARD GRAYSHAW, Appellants v. CITY OF HOUSTON, Appellee
On Appeal from the 270th District Court
Harris County, Texas
Trial Court Cause No. 2008-51588
MEMORANDUM OPINION
Appellants, Andrew Whallon, Dahlia Garcia, and Richard Grayshaw, have failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file brief).
Appellants' brief was first due on July 5, 2012. On August 10, 2012, we granted appellants' motion for extension of time and ordered that the brief by filed no later than September 4, 2012. Appellants did not file a brief.
On September 25, 2012, we notified appellants that the appeal was subject to dismissal. See TEX. R. APP. P. 38.8(a)(1) (providing for dismissal for failure to file brief), 42.3(b) (allowing involuntary dismissal of appeal). Appellants did not respond.
Accordingly, we dismiss the appeal for want of prosecution. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Chief Justice Radack and Justices Bland and Huddle.