A True Lucky Brand Oil & Gas Company, LLC d/b/a Lucky Brand Oil & Gas Company v. Hagenbuch Ranch, LLC et al.Appeal from 132nd District Court of Scurry County (memorandum opinion per curiam)

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Opinion filed April 4, 2013 In The Eleventh Court of Appeals ___________ No. 11-12-00340-CV __________ A TRUE LUCKY BRAND OIL & GAS COMPANY, LLC D/B/A LUCKY BRAND OIL & GAS COMPANY, Appellant V. HAGENBUCH RANCH, LLC ET AL., Appellees On Appeal from the 132nd District Court Scurry County, Texas Trial Court Cause No. 24320 MEMORANDUM OPINION One of the appellees, Enduring Resources, LLC, has filed in this court a motion to dismiss for want of prosecution or, in the alternative, to require Appellant to file a statement of intent to pursue this appeal. In this case, Appellant brought suit against Appellees, alleging over $370,000,000 in actual damages. The trial court dismissed Appellant s claims with prejudice on October 19, 2012, and Appellant filed a notice of appeal on November 16, 2012. Appellant s brief in this appeal was originally due for filing on January 16, 2013. On its own motion, this court granted an extension and extended the deadline for filing Appellant s brief to March 18, 2013. Appellant has yet to file a brief or a motion for extension and has not responded to Enduring s motion to dismiss even though this court requested that a response be filed on or before February 4, 2013. We agree that the appeal should be dismissed based upon Appellant s failure to prosecute the appeal. TEX. R. APP. P. 38.8, 42.3. The motion to dismiss filed by Appellee Enduring Resources, LLC is granted, and the appeal is dismissed for want of prosecution. PER CURIAM April 4, 2013 Panel consists of: Wright, C.J., McCall, J., and Willson, J. 2

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