Haymore Enterprises, Dba Golden Chick v. Robert A. Case

NUMBER 13-18-00117-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
HAYMORE ENTERPRISES D/B/A
GOLDEN CHICK, Appellant,
v.
ROBERT A. CASE, Appellee.
____________________________________________________________
On appeal from the County Court
of Bee County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion by Justice Benavides
Haymore Enterprises d/b/a Golden Chick filed a notice of appeal regarding a
judgment signed on January 25, 2018 in cause number CV5140 in the County Court of
Bee County, Texas. The appellant’s brief was originally due on July 2, 2018. On July
6, 2018, the Clerk of the Court notified appellant that the brief had not been timely filed
and that the appeal was subject to dismissal for want of prosecution under Texas Rule of
Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this
letter, appellant reasonably explained the failure and the appellee was not significantly
injured by the appellant’s failure to timely file a brief. To date, appellant has not filed a
response to this Court’s directive or filed a brief.
Appellant has failed to either reasonably explain its failure to file a brief, file a
motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is
DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a); id. R.
42.3(b).
GINA M. BENAVIDES,
Justice
Delivered and filed the
9th day of August, 2018.
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