Terry R. Streuer and All Other Occupants v. PSZ Financial, LLC ( 2011 )

NO. 07-11-00261-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
NOVEMBER 30, 2011
TERRY R. STREUER AND ALL
OTHER OCCUPANTS, APPELLANTS
v.
PSZ FINANCIAL, LLC, APPELLEE
FROM THE COUNTY COURT AT LAW #2 OF COMAL COUNTY;
NO. 2011CVB0205; HONORABLE CHARLES A. STEPHENS II, JUDGE
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Terry R. Streuer, timely filed notice of appeal of a judgment entered in
a forcible entry and detainer action brought by appellee, PSZ Financial, LLC, that
awarded possession of 945 Queens Dr., New Braunfels, Texas to PSZ Financial.1 The
reporter’s record was filed on July 22, 2011, and the clerk’s record was filed on August
12, 2011. As such, Streuer’s brief was due to be filed on or before September 12, 2011.
1
This appeal was originally filed in the Third Court of Appeals but, pursuant to
the Texas Supreme Court’s docket equalization efforts, was transferred to this Court.
See TEX. GOV’T CODE ANN. § 73.001 (West 2005).
See TEX. R. APP. P. 38.6(a). On September 22, the Clerk of this Court sent notice to
Streuer that his brief was past due, and that his failure to file his brief on or before
October 3, may result in dismissal of his appeal without further notice. In response, on
October 5, this Court received Streuer’s motion to extend time to file his brief requesting
an additional sixty days to file his brief because he had been unable to acquire copies of
the clerk’s and reporter’s records. This Court granted Streuer’s motion to the extent that
he was afforded an additional thirty days to file his brief. As such, Streuer’s brief was
due on or before November 2, 2011. By letter dated November 9, 2011, the Clerk of
this Court notified Streuer that his brief was again past due and that failure to file his
brief with this Court on or before November 21, 2011, could result in dismissal of his
appeal pursuant to Rule 38.8(a) of the Texas Rules of Appellate Procedure. Streuer
has neither filed his brief nor responded to this Court’s November 9, 2011
correspondence.
Accordingly, we now dismiss this appeal for want of prosecution and failure to
comply with a notice from the Clerk of this Court requiring a response or other action in
a specified time. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
Mackey K. Hancock
Justice
2