Uvaldo John Olivares v. Beck Ready Mix Concrete Company, LTD--Appeal from 224th District Court of Bexar County
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Dismissed and Memorandum Opinion filed July 29, 2010.
In The
Fourteenth Court of Appeals
____________
NO. 14-10-00319-CV
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UVALDO JOHN OLIVARES, Appellant
V.
BECK READY MIX CONCRETE COMPANY, LTD., Appellee
On Appeal from the 288th District Court
Bexar County, Texas
Trial Court Cause No. 2008-CI-21410
MEMORANDUM
OPINION
This is a restricted appeal from a default judgment signed October 23, 2009. The
clerk’s record was filed May 17, 2010. Appellant’s brief was due June 16, 2010, but it
was not filed.
On July 8, 2010, this court issued an order stating that unless appellant submitted his
brief, together with a motion reasonably explaining why the brief was late, on or before
July 30, 2010, the court would dismiss the appeal for want of prosecution. See Tex. R.
App. P. 42.3(b). On July 16, 2010, appellant notified this court that the underlying case
has been resolved and there is no need to proceed with the appeal.
We construe
appellant’s letter as a request to dismiss the appeal. See Tex. R. App. P. 42.1. The
request is granted.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Yates and Boyce.
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