Orville Guinn v. Alfio Puglisi--Appeal from 25th Judicial District Court of Guadalupe County

MEMORANDUM OPINION

No. 04-06-00521-CV

Orville GUINN,

Appellant

v.

Alfio PUGLISI,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 05-1279-CV-B (Severance from Trial Court No. 05-1279-CV)

Honorable Gary L. Steel, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan , Justice

Karen Angelini , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: December 6, 2006

DISMISSED FOR WANT OF PROSECUTION

Orville Guinn appeals the trial court's summary judgment in favor of Alfio Puglisi. We dismiss Guinn's appeal for want of prosecution.

Guinn's brief was due but not filed on September 11, 2006. We therefore ordered Guinn to file his brief on or before October 16, 2006. Guinn filed his brief October 17, 2006. However, Guinn's brief flagrantly violated many of the Texas Rules of Appellate Procedure regarding the requisites of briefs and documents. We therefore struck Guinn's brief and ordered him to file a redrawn brief by November 15, 2006. We advised Guinn that if he failed to file a brief by the date ordered, we would dismiss his appeal for want of prosecution. See Tex. R. App. P. 38.8(a). Guinn did not file his brief as ordered. Instead, on November 20, 2006, Guinn moved for a thirty-day extension of time, contending that "Rule 38.1(a) was simply beyond [his] knowledge and ability to handle by himself." Puglisi responded and pointed out that Guinn was advised by the trial court to retain counsel on February 15, 2006 and that he would be required to adhere to all rules of procedure if he chose to proceed without counsel; he elected not to retain counsel and is using this as a basis for the extension he seeks; and, as a result, Puglisi has been obligated to pay the mortgage on the disputed property without the ability to use it. In light of these circumstances, we deny Guinn's motion for an extension and order this appeal dismissed for want of prosecution. We further orderthat Puglisi recover his costs in this appeal from Guinn.

PER CURIAM