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

Court of Appeals
f o r THE
Third District of Texas
p.o. box 12547, austin, texas 78711-2547
(512)463-1733
Date: June 26, 2015
M 0 72015
Case Number: 03-14-00558-CV Jigsaw**
mB& E4K
Trial Court No.: C-l-CV-13-010512 'Me
Style: Jeff Moselev v. FedEx Tcchconnect. Inc., LLC
The enclosed opinion and judgment were sent this date to the following persons:
The Honorable J. David Phillips The Honorable Billy Ray Stubblefield
Judge, County Court at Law No. 1 Administrative Judge
Travis County Courthouse Williamson County Courthouse
P.O.Box 1748 405 Martin Luther King, Box 2
Austin, TX 78767 Georgetown, TX 78626
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Mr. Geoffrey C. Price The Honorable Dana DeBeauvoir
Law Office of Geoffrey C. Price Civil County Clerk
6010 Balcones Drive, First Floor Travis County Courthouse
Austin, TX 78731 P. O. Box 149325
* DELIVERED VIA E-MAIL * Austin, TX 78714
* DELIVERED VIA E-MAIL *
Mr. Jeff Moseley
9603 Saunders Lane
Austin, TX 78758
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED JUNE 26,2015
NO. 03-14-00558-CV
Jeff Moseley, Appellant1
v.
FedEx Techconncct, Inc., LLC, Appellee
APPEAL FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY
BEFORE JUSTICES PURYEAR, PEMBERTON, AND BOURLAND
DISMISSED FOR WANT OF PROSECUTION - OPINION BY JUSTICE PEMBERTON
This is an appeal from the judgment signed by the trial court on March 5, 2014. Having
reviewed the record, the Court holds that appellant has not prosecuted his appeal and did not file
a brief, nor comply with a notice from the Clerk of this Court. Therefore, the Court dismisses
the appeal for want of prosecution. The appellant shall pay all costs relating to this appeal, both
in this Court and the court below.
1 Although the county court's judgment identifies defendant as"Jeff Moseley," appellant
informed this Court in the agreed motion for extension oftime that the correct spelling is
"JeffMosley."
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00558-CV
Jeff Moseley, Appellant1
v.
FedEx Tcchconnect, Inc., LLC, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY
NO. C-l-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. Ifan 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 ifappellant 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
"JeffMosley."
2 See Tex. R. App. P. 38.8(a)(1).
3 See id. 42.3(b).
OFFICIAL BUSINESS
Court of Appeals STATE OF TEXAS «
US POSTAGE»RTNEYBOWES
Third District
PENALTY FOR K
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P.O. BOX 12547. AUSTIN, TEXAS 78711-2547
PRIVATE USE
a:* Hgssr $000.41
£iii£ 0001401623 JUN 26 201'5
6
MR. JEFF MOSELEY
9603 SAUNDERS LANE
AUSTIN TX 78758
NIXIE 787 DE 1276 0007/01/15
RETURN TO SENDER
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