HAROLD HIGGINS AND LONNIE HIGGINS v. MATAGORDA COUNTY AND VAN VLECK INDEPENDENT SCHOOL DISTRICT, ET AL.--Appeal from 130th District Court of Matagorda County
Annotate this Case
Download PDF
NUMBER 13-09-00431-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ HAROLD HIGGINS AND LONNIE HIGGINS, APPELLANTS, v. MATAGORDA COUNTY AND VAN VLECK INDEPENDENT SCHOOL DISTRICT, ET AL., APPELLEES. ____________________________________________________________ On Appeal from the 130th District Court of Matagorda County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Vela Memorandum Opinion Per Curiam The appellants brief in the above cause was due on December 4, 2009.1 On January 5, 2010, the Clerk of the Court notified appellants that the brief had not been 1 The brief was originally due on August 24, 2009. This Court subsequently granted appellants three extensions of tim e to file the brief, extending the due date until Decem ber 4, 2009. 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 appellee was not significantly injured by the appellants failure to timely file a brief. To date, no response has been received from appellants. Appellee DOH Oil Company has filed a motion to dismiss this appeal for want of prosecution. Appellants have failed to either reasonably explain the failure to file a brief, file a motion for extension of time to file a brief, or file a brief. Accordingly, appellee DOH Oil Company s motion to dismiss is GRANTED and the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX . R. APP. P. 38.8(a), 42.3(b). PER CURIAM Delivered and filed the 11th day of February, 2010. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
