Opinion issued December 13, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-11-00834-CV
RAFAEL GURRUSQUEITA VEGA D/B/A RESTAURANTE Y TAQUERIA
ALTAMIRANO, Appellant
V.
HARRIS COUNTY, ON BEHALF OF ITSELF AND THE HARRIS
COUNTY DEPARTMENT OF EDUCATION, THE PORT OF HOUSTON
AUTHORITY OF HARRIS COUNTY, THE HARRIS COUNTY FLOOD
CONTROL DISTRICT, AND THE HARRIS COUNTY HOSPITAL
DISTRICT; CITY OF HOUSTON; HOUSTON INDEPENDENT SCHOOL
DISTRICT; AND HOUSTON COMMUNITY COLLEGE SYSTEM,
Appellees
On Appeal from the 270th District Court
Harris County, Texas
Trial Court Cause No. 2010-59315
MEMORANDUM OPINION
Appellant, Rafael Gurrusqueita Vega d/b/a Restaurante y Taqueria
Altamirano, perfected an appeal from the trial court’s judgment entered on August
30, 2011. On July 26, 2012, the court reporter informed this Court that no
reporter’s record exists in this case. The trial court clerk filed the clerk’s record on
August 14, 2012. On August 30, 2012, the Clerk of this Court notified appellant,
at his address in the George J. Beto Facility, Texas Department of Criminal Justice,
Tennessee Colony, Texas, that, because no reporter’s record exists, his brief was
due on October 1, 2012. See TEX. R. APP. P. 38.6(a). The Court’s letter was
returned, and the Court was informed that appellant had been discharged and had
left no forwarding address.
On October 22, 2012, after appellant failed to timely file a brief, the Clerk of
this Court notified appellant that he had failed to timely file a brief and that failure
to file a brief and motion for extension by November 12, 2012 could lead to
dismissal of this appeal. See TEX. R. APP. P. 38.8(a), 42.3(b). This letter was also
returned, because appellant had been discharged and left no forwarding address.
Accordingly, because appellant has neither filed a brief nor responded to the
Court’s notice, and appellant has not provided us with any other address or means
of contacting him, we dismiss the appeal for want of prosecution. See TEX. R. APP.
P. 38.8(a); 42.3(b). We dismiss any pending motions as moot.
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PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.
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