Trinity Healthcare Management, L.L.C.. v. Pharmerica, Inc.

Opinion issued March 10, 2004









In The

Court of Appeals

For The

First District of Texas





NO. 01–03–00647–CV





TRINITY HEALTHCARE MANAGEMENT, L.L.C., D/B/A TRINITY HM OF TEXAS L.L.C. D/B/A TRINITY REHABILITATION AND RETIREMENT COMMUNITY OF SAN AUGUSTINE, Appellant


V.


PHARMERICA, INC., Appellee





On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 771,745





MEMORANDUM OPINIONAppellant Trinity Healthcare Management, L.L.C., d/b/a Trinity HM of Texas L.L.C. d/b/a Trinity Rehabilitation and Retirement Community of San Augustine, has failed to timely file a brief. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellants Trinity Healthcare Management, L.L.C., et al., did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of prosecution for failure to timely file a brief. All pending motions are denied.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.