Bexar County District Attorney's Office v. Frank Hernandez

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00792-CV BEXAR COUNTY DISTRICT ATTORNEY'S OFFICE, Appellant v. Frank HERNANDEZ, Appellee From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-14755 Honorable Laura Salinas, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: April 8, 2015 APPEAL DISMISSED FOR WANT OF PROSECUTION Appellant’s brief in this accelerated appeal was originally due on January 30, 2015. Appellant has been granted one extension of time, until February 19, 2015. On March 4, 2015, appellant’s attorney, Mr. Troy Meinke, advised this court that appellant would file a motion to dismiss the appeal by March 5, 2015. Subsequent calls from the Clerk of this court to counsel were not returned. Accordingly, on March 19, 2015, this court ordered Mr. Meinke to file appellant’s brief no later than March 30, 2015. Our order cautioned Mr. Meinke that if appellant’s 04-14-00792-CV brief was not filed by this date, this appeal would be dismissed for want of prosecution. TEX. R. APP. P. 38.8(a). On March 24, 2015, Mr. Meinke filed a Motion to Dismiss this appeal. However, it appears Mr. Meinke has not served appellee’s counsel with a copy of the motion or otherwise complied with the applicable Texas Rules of Appellate Procedure. Telephone calls from the Clerk of this court to Mr. Meinke regarding the proper filing of pleadings in compliance with the rules have not been returned. Accordingly, we DISMISS this appeal for want of prosecution. PER CURIAM -2-