Idalia G. Barrera v. Mary Sue Pate

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00722-CV
Idalia G. BARRERA,
Appellant
v.
Mary Sue PATE,
Appellee
From the County Court at Law No. 10, Bexar County, Texas
Trial Court No. 2018CV04273
Honorable Karen Crouch, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: March 27, 2019
DISMISSED FOR WANT OF PROSECUTION
The docketing statement was due upon the filing of the notice of appeal in this court. See
TEX. R. APP. P. 32.1 (providing an appellant in a civil case shall file a docketing statement promptly
upon filing the notice of appeal). The docketing statement was not timely filed. We issued an
order on December 7, 2018, stating that this appeal would be dismissed without further notice
unless the docketing statement was filed by December 27, 2018. The docketing statement has not
been filed.
04-18-00722-CV
Additionally, an appellate court is authorized to dismiss an appeal for want of prosecution
when the appellant fails to file his brief by the deadline and gives no reasonable explanation for
such failure. TEX. R. APP. P. 38(a)(1). On December 3, 2018, we issued an order directing
appellant to file her brief on or before December 31, 2018. Appellant has not filed her brief.
We therefore dismiss this appeal. See TEX. R. APP. P. 42.3(c) (permitting appellate courts
to dismiss an appeal when appellant fails to comply with a court order); In the Interest of E.J.V.,
No. 04-18-00035-CV, 2018 WL 1511773, at *1 (Tex. App.—San Antonio Mar. 28, 2018, no pet.)
(mem. op.) (per curiam) (dismissing appeal, in part, for failure to comply with order to file
docketing statement).
PER CURIAM
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