IN THE ESTATE OF DAVILA v. << (2017)

Court of Appeals of Texas, San Antonio.

IN THE ESTATE OF Madeline P. DAVILA, Deceased

No. 04-16-00797-CV

Decided: March 08, 2017

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

MEMORANDUM OPINION

Arnulfo Hernandez, Jr. appeals from a final judgment. Hernandez has not filed his appellant's brief, which was due February 2, 2017, or a motion for extension. On February 6, 2017, we ordered Hernandez to file, not later than February 16, 2017, his appellant's brief and a written response reasonably explaining his failure to timely file the brief. We advised Hernandez 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); see also TEX. R. APP. P. 42.3(c) (court may dismiss appeal because appellant has failed to comply with a court order within the time provided). Hernandez has not filed a brief or the written response ordered by the court. We therefore dismiss this appeal for want of prosecution. We order that costs of this appeal are taxed against Hernandez.

PER CURIAM

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