Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00826-CV
Victor VALDEZ,
Appellant
v.
Denette BUENROSTRO,
Appellee
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-15059
Honorable Martha Tanner, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: March 18, 2015
DISMISSED FOR WANT OF PROSECUTION
This is an appeal from a trial court’s order granting a temporary injunction. The record in
this appeal was due January 6, 2015. The clerk’s record was filed, but this court was unaware if
there was a reporter’s record as appellant failed to file a docketing statement in this court, and the
clerk’s record did not contain a request for a reporter’s record. Accordingly, when the clerk’s
record was filed, this court set a due date for appellant’s brief. However, after speaking with
appellant’s counsel, it became apparent there was a reporter’s record. Counsel admitted he had
not requested the record from the reporter, and without a docketing statement, this court was
04-14-00826-CV
unaware of the name of the reporter. The clerk’s office of this court verbally advised appellant’s
counsel that it was his responsibility to request the reporter’s record and that he should provide, as
soon as possible, written proof that he had requested the record. We received no response to our
verbal request.
Accordingly, we ordered appellant to provide written proof to this court on or before
February 9, 2015, that he (1) made a written request for the reporter’s record, and (2) paid for the
record or made arrangement satisfactory to the reporter for payment. In that same document, we
stated appellant should advise this court of the name of the reporter. We advised appellant that if
he failed to timely comply with this court’s order, we would order him to file his appellant’s brief
without the benefit of a reporter’s record and he would be permitted to raise only those issues that
do not require a reporter’s record for disposition. Appellant did not respond to our order.
Accordingly, on February 12, 2015, we ordered appellant to file his brief in this court on
or before March 4, 2015. We specifically advised appellant we would consider only those issues
or points raised in appellant’s brief that did not require a reporter’s record for a decision. We
further advised appellant that if he failed to file the brief as ordered, we would dismiss the appeal
for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellant did not file a brief.
Based on the foregoing, we order this appeal dismissed for want of prosecution. We
further order that appellee Denette Buenrostro recover her costs of this appeal, if any, from
appellant Victor Valdez.
PER CURIAM
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