BCS Global Holdings, Ltd v. 7- Eleven, Inc.--Appeal from 400th District Court of Fort Bend County

Dismissed and Memorandum Opinion filed March 24, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01063-CV

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BCS GLOBAL HOLDINGS, LTD., Appellant

V.

7-ELEVEN, INC., Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 04-CV-137194

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed October 24, 2004. The clerk=s record was filed on November 4, 2004. The reporter=s record was filed on November 8, 2004. Accordingly, appellant=s brief was due December 8, 2004. Appellant requested an extension of time to file its brief. The court granted an extension until January 11, 2005, but noted that no further extensions would be granted absent exceptional circumstances. No brief or further motion for extension of time were filed.

On February 10, 2005, this court issued an order stating that unless appellant submitted its brief, together with a motion reasonably explaining why the brief was late, on or before March 11, 2005, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 24, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.