Ricky Brian Beaver and Beaver Investments, LLP v. Brian and Jeneen Schloz--Appeal from 98th District Court of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-03-00554-CV

Case Date: 02/12/2004

Plaintiff: JASON PAUL REHA

Defendant: THE STATE OF TEXAS--Appeal from County Court at Law No 1 of Victoria County

Preview:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00554-CV

Ricky Brian Beaver and Beaver Investments, LLP, Appellants v. Brian and Jeneen Schloz, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT NO. GN302334, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

MEMORANDUM OPINION

Because appellants' brief is overdue, we will dismiss this appeal for want of prosecution. In this interlocutory appeal from the grant of a temporary injunction, the clerk's record was filed on September 19, 2003, and the reporter's record was filed on September 30, 2003. Appellants' brief was thus originally due in this accelerated appeal on October 20, 2003. See Tex. R. App. P. 38.6(b). Appellants sought and received three extensions of time to file their brief. The last extension set the due date as December 2, 2003. Having received no brief or further motion to extend the time to file a brief, the clerk of this Court on January 20, 2004 notified appellants by letter that their brief was overdue and that this Court could dismiss the appeal for want of prosecution if appellants did not respond by January 30, 2004. This Court has received no brief or other response to this letter.

We dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

Bea Ann Smith, Justice Before Justices Kidd, B. A. Smith and Pemberton Dismissed for Want of Prosecution Filed: February 12, 2004

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