Emilio Aleman and Isabel C. Aleman v. Manuela Zavala, Consuelo Tinajero, Angelina Zavala, Gilbert Zavala ( 2010 )

MEMORANDUM OPINION
No. 04-10-00282-CV
Emilio ALEMAN and Isabel C. Aleman,
Appellants
v.
Manuela ZAVALA, Consuelo Tinajero, Angelina Zavala, Gilbert Zavala, et al,
Appellees
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CI-16346
Honorable Antonia Arteaga, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: October 6, 2010
DISMISSED FOR WANT OF PROSECUTION
The reporter’s record was originally due on May 7, 2010. On May 21, 2010, this court
notified the court reporter that the reporter’s record was late. The court reporter responded to our
notice by filing a Notification of Late Record stating the reporter’s record was not filed because
appellants have not requested a reporter’s record. If appellants desire a reporter’s record to be
filed in this appeal, they must request that a reporter’s record be prepared. See TEX. R. APP. P.
34.6(b)(1). Accordingly, on June 8, 2010, this court issued an order ordering appellants to (1)
04-10-00282-CV
request in writing that a reporter’s record be prepared and (2) designate in writing the exhibits
and those portions of the record to be included in the reporter’s record, if they desired a
reporter’s record. Id. The appellants were also ordered to file a copy of the request with both the
trial court clerk, id. at 34.6(b)(2), and this court. Our order informed appellants that if they failed
to respond within the time provided, their brief would be due within thirty (30) days from the
date of the June 8, 2010 order, and the court would only consider those issues or points raised in
appellants’ brief that do not require a reporter’s record for a decision. See TEX. R. APP. P.
37.3(c). Because appellants did not request a reporter’s record, their brief, without reference to
the reporter’s record was due on July 8, 2010. No response was filed.
Accordingly, on July 20, 2010, appellants were ordered to file their brief no later than
August 9, 2010. Our order informed appellants that if they failed to file the brief within the time
provided the appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a).
Appellants did not respond. Accordingly, on August 30, 2010, appellants were ordered to show
cause in writing, no later than September 10, 2010, why this appeal should not be dismissed for
want of prosecution. No response has been filed.
The appeal is dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b).
Costs of appeal are taxed against appellants.
PER CURIAM
-2-