Cergon, Inc. D/B/A Primo's Bar & Grill and Edward Cervantes v. Cheung-Loon, LLC ( 2014 )


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  • Order entered September 30, 2014
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-13-01467-CV
    CERGON, INC. D/B/A PRIMO'S BAR & GRILL AND EDWARD CERVANTES,
    Appellants
    V.
    CHEUNG-LOON, LLC, Appellee
    On Appeal from the 134th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. 08-9267-G
    ORDER
    Appellants’ brief was originally due June 23, 2014, and the deadline subsequently
    extended to July 23, 2014. At the time the extension was requested and granted, appellants were
    represented by counsel. By order entered July 17, 2014, we granted appellants’ counsel’s motion
    to withdraw. In that order we cautioned appellant Cergon, Inc. d/b/a Primo’s Bar & Grill that it
    could only appear in this Court through an attorney and, unless it notified us by August 18, 2014
    of new counsel, its appeal would be dismissed. In that order, we also reset the briefing deadline
    to September 19, 2014.
    Cergon failed to retain new counsel, and its appeal was dismissed September 9, 2014. In
    the order dismissing Cergon’s appeal, we reiterated that Cervantes’s brief was due September
    19th. To date, however, Cervantes has not filed his brief.
    Because the appeal cannot proceed without Cervantes’s brief, we ORDER Cervantes to
    file his brief, along with an extension motion explaining the reason for the delay in filing the
    brief, no later than October 13, 2014. See TEX. R. APP. P. 10.5(b), 38.8(a)(1). We caution
    Cervantes that failure to comply with this order may result in dismissal of his appeal without
    further notice. See 
    id. 38.8(a)(1), 42.3(b),(c).
    /s/     CRAIG STODDART
    JUSTICE
    

Document Info

Docket Number: 05-13-01467-CV

Filed Date: 9/30/2014

Precedential Status: Precedential

Modified Date: 10/15/2015