LLC v. Alan Johnson and Compass Bank Appellees.

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Court of Appeals of Texas, Corpus Christi-Edinburg.

Texas Honeycomb Partners, LLC, David McCarthy, Kathleen McCarthy, Shannon McCarthy, and Ryan McCarthy. Appellants, v. Alan Johnson and Compass Bank Appellees.

NUMBER 13–14–00699–CV

Decided: February 25, 2016

Before Chief Justice Valdez and Justices Rodriguez and Benavides


The appellants' brief in the above cause was due on February 1, 2016, after this Court had previously granted six extensions of time to file their brief.  On February 3, 2016, the Clerk of the Court notified appellants that their brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellants reasonably explained the failure and the appellees were not significantly injured by the appellants' failure to timely file a brief.  To date, no response has been received from appellants.

Appellants have failed to either reasonably explain their failure to file a brief, file a motion for extension of time to file their brief, or file their brief.  Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.  See Tex. R. App. P. 38.8(a), 42.3(b).

Memorandum Opinion Per Curiam

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