COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
JERRY LILLY, INDIVIDUALLY AND No. 08-16-00135-CV
D/B/A WESTAR INDUSTRIES, §
Appeal from
Appellant, §
352nd District Court
v. §
of Tarrant County, Texas
CHRIS PHAM, ATTORNEY-IN-FACT §
FOR ALEX PHAM, (TC # 352-280346-15)
§
Appellee.
§
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. Finding that Appellant, Jerry Lilly, Individually and d/b/a
Westar Industries, has failed to file his brief or a motion for extension of time to file the brief, we
dismiss the appeal for want of prosecution.
The Clerk of the Court notified Appellant that his brief was past due and no motion for
extension of time had been filed. The letter advised Appellant that the Court intended to dismiss
the appeal for want of prosecution unless Appellant responded within ten days and showed
grounds for continuing the appeal. See TEX.R.APP.P. 38.8(a)(1). Appellant has not filed his
brief or an extension motion, and he has not filed any response to the inquiry. Accordingly, we
dismiss the appeal for want of prosecution. See TEX.R.APP.P. 38.8(a)(1), 42.3(b), (c).
October 27, 2016
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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