NUMBER 13-14-00349-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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STEVEN PATRICK JONES, JOHN PATRICK ACORD,
ECOENERGY GROUP, INC., AND
INTERMODAL WEALTH, INC. Appellants,
V.
LYDIA TUMMEL, KURT K. TUMMEL TRUST,
AND HAROLD K. TUMMEL, Appellees.
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On appeal from the 332nd District Court
of Hidalgo County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
The appellants’ brief in the above cause was due on July 28, 2014. On July 29,
2014, appellees, Lydia Tummel, Harold K. Tummel individually and as trustee of the Kurt
K. Tummel Trust, filed a motion to dismiss this appeal on grounds that appellants had not
timely filed their brief in this cause in accordance with this Court’s directive. On August
20, 2014, the Clerk of the Court notified appellants that their briefs 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, appellants reasonably explained the failure and the appellees were not
significantly injured by the appellants’ failure to timely file their briefs. On September 4,
2014, the Court received a pro se response from John Acord, in which he stated that he
had only recently been informed that his counsel had withdrawn and that he was
incarcerated without access to the record. Acord requested: (1) an extension of sixty
days “in which to file an appeal,” or “to stay the appeal until the related criminal case is
completed,” (2) a free copy of the appellate record in this case; and (3) to proceed as an
indigent. To date, no response has been received from the other appellants.
The clerk’s record in this case was filed on December 27, 2013. The reporter’s
record was filed on February 14, 2014. A supplemental clerk’s record was filed on March
18, 2014. Appellants’ counsel was allowed to withdraw on June 26, 2014. While Acord
has attempted to offer a reasonable explanation regarding his failure to timely file a brief,
the remaining appellants have not. Neither Acord nor the remaining appellants have
argued or established that the appellees have not been significantly injured by the
appellants’ failure to timely file a brief. The underlying judgment is a monetary judgment
in favor of appellants and that judgment has not been superseded. Accordingly, we
GRANT appellees’ motion to dismiss and this appeal is DISMISSED FOR WANT OF
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PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b). All relief requested in Acord’s
pro se motion is DENIED.
PER CURIAM
Delivered and filed the
11th day of September, 2014.
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