Irene Martinez v. Regal Cinemas--Appeal from 224th Judicial District Court of Bexar County

No. 04-01-00841-CV
Irene MARTINEZ,
Appellant
v.
REGAL CINEMAS,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CI-09598
Honorable James E. Barlow, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: December 24, 2002

DISMISSED FOR WANT OF PROSECUTION

On November 27, 2002, this court issued a show cause order as to why this appeal should not be dismissed for want of prosecution. Previously, on October 22, 2002, this court denied a motion for extension of time filed by an individual who stated that he had power of attorney to act for appellant, noting that this court did not have obligation to recognize the motion. The basis of that motion was that appellant had not received notice of this court's order dated August 26, 2002, reinstating the case after mediation until September 22, 2002. Appellant asserted her mailing address is that of her parents, but that she lives at a different location. We stated that appellant was not precluded from filing a pro se motion for extension of time. Neither a brief nor a motion for extension of time was filed. Therefore, this court issued a show cause order. On December 13, 2002, appellant filed a motion for extension of time citing, once again, that she lives at a different address than that of her parents. Appellant requests that this court determine she received notice of reinstatement on September 22, 2002. Appellant has not nor never requested correspondence of this court be sent to her new address.

This response does not reasonably explain the failure to file the brief on time. See Tex. R. App. P. 38.8(a)(1); Villarreal v. Hernandez, 943 S.W.2d 101 (Tex. App.--San Antonio 1997, no writ). Therefore, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Costs of appeal are taxed against appellant.

PER CURIAM

DO NOT PUBLISH