Gerardo Robles Jr./Refuse to Fail Trucking LLC v. Modesto Avila ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
GERARDO ROBLES JR./REFUSE TO § No. 08-23-00076-CV
FAIL TRUCKING LLC,
Appellant, § Appeal from the
v. § County Court at Law No. 3
MODESTO AVILA., § of El Paso County, Texas
Appellee. § (TC# 2022CCV00129)
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. Finding Appellant Gerardo Robles Jr./Refuse to Fail Trucking
LLC has failed to file its appellant’s brief, or a motion for extension of time to file such brief, we
dismiss the appeal for want of prosecution.
On June 19, 2023, the Clerk of the Court notified Appellant that neither its brief nor a
motion for extension of time had been filed. The letter advised Appellant that the Court intended
to dismiss the appeal for want of prosecution unless Appellant responded, within ten days of the
date of the notice, by showing grounds for continuing the appeal. See TEX. R. APP. P. 38.8(a)(1).
Appellant has not filed an appellant’s brief, a motion for extension of time, nor a response to the
Court’s inquiry. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P.
38.8(a)(1), 42.3(b), (c).
GINA M. PALAFOX, Justice
June 30, 2022
Before Rodriguez, C.J., Palafox, and Soto, JJ.
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