Document Info

DocketNumber: 04-19-00114-CV

Filed Date: 8/14/2019

Status: Precedential

Modified Date: 8/15/2019

  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-19-00114-CV
    James MCKINNON,
    Appellant
    v.
    BANK OF AMERICA, N.A.,
    Appellee
    From the County Court, Gillespie County, Texas
    Trial Court No. 1638
    Honorable Mark Stroeher, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Beth Watkins, Justice
    Liza A. Rodriguez, Justice
    Delivered and Filed: August 14, 2019
    DISMISSED FOR WANT OF PROSECUTION
    Appellant James F. McKinnon appeals the trial court’s judgment signed on January 31,
    2019. Appellant filed his appellant’s brief on April 10, 2019, followed by an amended brief on
    April 22, 2019. After reviewing the amended brief, we struck it for failing to comply with the
    Texas Rules of Appellate Procedure and ordered appellant to file a second amended brief on or
    before June 17, 2019. See TEX. R. APP. P. 38.9(a). Neither a second amended brief nor a motion
    for extension of time was filed. On July 9, 2019, we ordered appellant to file the second amended
    brief on or before July 19, 2019. We cautioned appellant that if he did not file a brief by that date,
    04-19-00114-CV
    we would dismiss the appeal for want of prosecution. See 
    id. R. 38.8(a).
    Appellant has not filed
    a brief.
    We therefore order this appeal dismissed for want of prosecution. We further order that
    appellee, Bank of America, N.A., recover its costs of this appeal from appellant, James McKinnon.
    PER CURIAM
    -2-