Arka Design and Construction, Inc and Apolinar Tovar v. Jose Topete and Elena Topete D/B/A Fajita Taco Restaurant

Dismissed and Memorandum Opinion filed July 7, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-10-01053-CV

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ARKA DESIGN AND CONSTRUCTION, INC. AND

APOLINAR TOVAR, Appellants

V.

JOSE TOPETE AND ELENA TOPETE D/B/A

FAJITA TACO RESTAURANT, Appellees

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2006-08094

MEMORANDUM OPINION

            This appeal is from a judgment signed August 17, 2010.  The clerk’s record was filed January 28, 2011.  The reporter’s record was filed December 15, 2010.  No brief was filed.

            On May 19, 2011, this court issued an order stating that unless appellant submitted a brief, together with a motion reasonably explaining why the brief was late, on or before June 20, 2011, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).

Appellant filed no response.  Accordingly, the appeal is ordered dismissed.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges, Justices Seymore and Boyce.