Dinesh K. Shah v. Kaleta Johnson and Seth Johnson ( 2010 )

Opinion issued June 24, 2010

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-08-00813-CV

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DINESH K. SHAH, Appellant

V.

KALETA JOHNSON AND SETH JOHNSON, Appellees

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On Appeal from the 295th District Court of

Harris County, Texas

Trial Court Cause No. 2006-38382

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MEMORANDUM OPINION

          Appellees, Kaleta Johnson and Seth Johnson, have filed their fifth motion to dismiss this appeal for want of prosecution. More than 10 days have elapsed since appellees’ have filed their motion, and appellant, Dinesh Shah, has filed no response.

          Appellant did not use diligence to ensure that the reporter’s record was timely filed. The reporter’s record was not filed until more than 10 months after it was due. More importantly, this Court has granted appellant four extensions of time to file his brief, most recently to May 28, 2010. Appellant has missed six deadlines to file his brief, and he still has not filed a brief nor given a reasonable explanation for not filing one.

          We grant appellees’ fifth motion to dismiss the appeal. Tex. R. App. P. 38.8(a)(1); 42.3(b). We overrule as moot any other pending motions.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Massengale.