Virley-Leroy Session v. Riata Land Association Homeowners, Inc. ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00562-CV
Virley-Leroy SESSION,
Appellant
v.
RIATA LAND ASSOCIATION HOMEOWNERS, INC.,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 21-2100-CV-E
Honorable Heather H. Wright, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios Justice
Beth Watkins, Justice
Delivered and Filed: February 21, 2024
DISMISSED FOR WANT OF PROSECUTION
Appellant’s brief was originally due on October 6, 2023. However, neither the brief nor a
motion for extension of time was filed. Instead, on October 10, 2023, appellant filed a
“Jurisdictional Challenge,” which did not comply with the briefing requirements in Texas Rules
of Appellate Procedure 9.4 or 38.1. See TEX. R. APP. P. 9.4, 38.1. We therefore ordered appellant
to file by November 6, 2023, his brief and a written response reasonably explaining his failure to
timely file a brief and why appellee was not significantly injured by appellant’s failure to timely
file a brief.
04-22-00562-CV
On November 6, 2023, appellant filed a “Petition for a Writ of Mandamus,” which we
construed as his appellant’s brief. The filing, however, did not comply with the briefing
requirements in Texas Rules of Appellate Procedure 38.1(c), (g), (h), (i), and (k). See TEX. R. APP.
P. 38.1. We therefore ordered appellant’s brief stricken and ordered appellant to file an amended
brief by December 5, 2023.
Appellant did not file an amended brief, and on December 18, 2023, we ordered appellant
to file, by January 2, 2024, his amended brief and a written response reasonably explaining his
failure to timely file an amended brief. In our order, we cautioned appellant if he failed to timely
file an amended brief and written response, we would dismiss the appeal for want of prosecution.
See TEX. R. APP. P. 38.8(a); see also id. R. 42.3(c). Appellant did not respond to our order.
Accordingly, because appellant has failed to comply with our order by filing an amended brief, we
dismiss this appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); see also id. R. 42.3(c).
PER CURIAM
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