Victor E. Lopez v. Vanderbilt Mortgage and Finance, Inc.

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00618-CV Victor E. LOPEZ, Appellant v. Vanderbilt Mortgage and Finance, VANDERBILT MORTGAGE AND FINANCE, INC., Appellee From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-00960 Honorable Antonia Arteaga, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: March 12, 2014 DISMISSED FOR WANT OF PROSECUTION Appellant’s brief was originally due December 27, 2013. On December 27, 2013, appellant filed a one-page pro se letter that appeared to be an appellate brief. However, because appellant’s letter/brief did not comply with Texas Rule of Appellate Procedure 38.1, on January 10, 2014, this court struck appellant’s pro se letter/brief and ordered appellant to file an amended brief that complies with Rule 38.1 no later than February 6, 2014. Our order cautioned appellant that if an appellate brief that complied with Rule 38.1 was not filed by February 6, 2014, this appeal would be dismissed for want of prosecution. TEX. R. APP. P. 38.8(a)(1). 04-13-00618-CV On February 6, 2014, appellant requested an extension of time in which to file the amended brief, which was granted until February 24, 2014. Our order, dated February 11, 2014, again cautioned appellant that if an appellate brief that complied with Rule 38.1 was not filed by February 24, 2014, this appeal would be dismissed for want of prosecution. TEX. R. APP. P. 38.8(a)(1). An amended brief has not been filed. Therefore, we dismiss the appeal for want of prosecution. PER CURIAM -2-