Raymond Gonzales v. Donaldson Villa Apartments ( 2013 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00858-CV Raymond GONZALES, Appellant v. DONALDSON VILLA DONALDSON VILLA APARTMENTS, Appellee From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 381824 Honorable David J. Rodriguez, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: December 4, 2013 DISMISSED FOR WANT OF PROSECUTION On July 31, 2013, we dismissed this appeal for want of prosecution because appellant failed to timely file his brief or respond to our show cause order. On August 12, 2013, appellant filed a motion for rehearing, stating that he had been in jail during the relevant time period. After requesting a response from appellee, we granted appellant’s motion for rehearing and withdrew our prior opinion and judgment. We reinstated the appeal on the docket of the court and ordered appellant to file his brief on or before October 16, 2013. When appellant failed to file his brief, we ordered appellant to file, on or before November 7, 2013, his appellant’s brief and a written 04-12-00858-CV response reasonably explaining (1) his failure to timely file the brief and (2) why appellee was not significantly injured by his failure to timely file a brief. We warned that if appellant failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); see also TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal if appellant has failed to comply with a court order). Appellant has failed to respond to our order. We therefore dismiss this appeal for want of prosecution. PER CURIAM -2-