Jason White v. Elizabeth Holt

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00599-CV Jason WHITE, Appellant v. Elizabeth HOLT, Appellee From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 19-286 Honorable Kirsten Cohoon, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: January 22, 2020 DISMISSED FOR WANT OF PROSECUTION Appellant filed a restricted appeal from the trial court’s judgment signed on June 4, 2019. Appellant’s brief was due December 9, 2019. Neither the brief nor a motion for extension of time was filed. On December 17, 2019, we ordered appellant to file his appellant’s brief and a written response reasonably explaining his failure to timely file the brief by January 2, 2020. We advised appellant that if he failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellant has not filed a brief or the written response as ordered by this court. We therefore dismiss this appeal for want of 04-19-00599-CV prosecution. See id. We further order that appellee recover her costs of this appeal, if any, from appellant. See id. R. 43.4 PER CURIAM -2-