TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00375-CV
Robert M. Zapata, Appellant
v.
Bank of America, N.A., Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY
NO. 15-0173-C, HONORABLE ROBERT UPDEGROVE, JUDGE PRESIDING
MEMORANDUM OPINION
Robert M. Zapata appeals from a judgment awarding possession in a forcible detainer
case. His opening brief was originally due on September 14, 2015. After Zapata failed to timely file
his brief, the Clerk of this Court sent notice to him—on September 21, 2015—advising that his brief
was overdue and that if he did not file a brief or otherwise respond with a reasonable explanation by
October 1, 2015, his appeal would be subject to dismissal for want of prosecution.1 The October 1
deadline has passed, and to date Zapata has not filed a brief or otherwise responded. Accordingly,
we dismiss this appeal for want of prosecution.2
1
See Tex. R. App. P. 38.8(a)(1) (if appellant fails to timely file a brief, this Court is
empowered to dismiss the appeal for want of prosecution unless appellant reasonably explains the
failure and appellee is not significantly injured by that failure).
2
See id. R. 42.3(b).
__________________________________________
Bob Pemberton, Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Prosecution
Filed: October 15, 2015
2