Opinion issued January 15, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00546-CV
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JERRY VALDEZ, Appellant
V.
PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY AND
ROBERT STRATTON, Appellees
On Appeal from the 57th Judicial District Court
Bexar County, Texas
Trial Court Cause No. 2013-CI-14065
MEMORANDUM OPINION
Appellant, Jerry Valdez, timely appealed from the trial court’s March 11,
2014, order granting the appellees’ tradition and no-evidence motions for summary
judgment after his motion for new trial was denied. See TEX. R. APP. P.
26.1(a)(1).1 However, appellant has failed to timely file his amended appellate
brief after the clerk’s record was filed. See TEX. R. APP. P. 38.6(a).
After being ordered by this Court on October 9, 2014, to file an amended
appellate brief containing all necessary references to the clerk’s record, because
appellant had prematurely filed his brief before the clerk’s record was filed and his
brief lacked the required record references, appellant did not timely file an
amended brief or file an extension request. See TEX. R. APP. P. 38.1(d), (g), (i),
38.6(a), 42.3(c). After being notified by this Clerk of this Court on November 26,
2014, that this appeal was subject to dismissal for want of prosecution because
appellant had failed to timely file his amended brief, appellant did not timely
respond to the notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). Instead, the
appellees filed a motion to dismiss this appeal for want of prosecution and further
seek affirmance of the trial court’s order granting the appellees’ tradition and no-
evidence motions for summary judgment. Although the appellees’ motion lacks a
certificate of conference, the certificate of service states that it was served on
appellant’s counsel, this motion has been on file with the Court for more than 10
1
The Texas Supreme Court transferred this appeal from the Court of Appeals
for the Fourth District of Texas to this Court pursuant to its docket
equalization powers. See TEX. GOV’T CODE ANN. § 73.001 (West 2013)
(“The supreme court may order cases transferred from one court of appeals
to another at any time that, in the opinion of the supreme court, there is good
cause for the transfer.”); Order Regarding Transfer of Cases From Courts of
Appeals, Misc. Docket No. 14-9121, ¶ II (Tex. June 23, 2014).
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days, and appellant has failed to respond to the motion. See TEX. R. APP. P.
10.1(a)(5), 10.3(a)(2).
Accordingly, we grant the motion to dismiss, in part, and dismiss the appeal
for want of prosecution for appellant’s failure to timely file an amended brief. See
TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). We dismiss any other pending motions as
moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Brown.
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