Jeff Moseley v. FedEx Techconnect, Inc., LLC ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00558-CV
Jeff Moseley, Appellant1
v.
FedEx Techconnect, Inc., LLC, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY
NO. C-1-CV-13-010512, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING
MEMORANDUM OPINION
After an extension obtained in November 2014, appellant’s brief was due in this
Court on January 5, 2015. If an appellant fails to file a brief, this Court may dismiss the appeal for
want of prosecution unless the appellant reasonably explains the failure and appellee is not
significantly injured by that failure.2 On January 13, 2015, we sent notice to appellant that his brief
was overdue and that the appeal may be dismissed for want of prosecution if appellant did not submit
a proper motion to this Court on or before January 23, 2015. No brief or motion for extension of
time has been filed since that notice. Accordingly, we dismiss the appeal for want of prosecution.3
1
Although the county court’s judgment identifies defendant as “Jeff Moseley,” appellant
informed this Court in the agreed motion for extension of time that the correct spelling is
“Jeff Mosley.”
2
See Tex. R. App. P. 38.8(a)(1).
3
See id. 42.3(b).
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Bourland
Dismissed for Want of Prosecution
Filed: June 26, 2015
2