Albert C. Smith v. Nadine Mendoza ( 2004 )

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ALBERT C. SMITH,                             Appellant, v. NADINE MENDOZA,                             Appellee.

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No. 08-04-00032-CV Appeal from the County Court at Law No. 5 of El Paso County, Texas (TC#2003-J00060)

MEMORANDUM OPINION

           On September 1, 2004, we granted the Appellant’s motion for extension of time to file the brief, ordered him to file the brief by September 13, 2004, and stated that no further motions for extension of time would be considered. On September 16, 2004, we notified the Appellant of our intent to dismiss for want of prosecution because he failed to file the brief. We stated that the appeal would be dismissed unless any party could show grounds for continuing the appeal within ten days. We received no response within the specified time. Accordingly, the appeal is dismissed for want of prosecution.

           On October 5, 2004, the appellee filed a motion to dismiss. That motion is denied as moot.

                                                                  SUSAN LARSEN, Justice

November 10, 2004

Before Panel No. 1

Larsen, McClure, and Chew, JJ.