James Willie Myart v. Refugio Place Apartments Appeal from County Court At Law No. 10 of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00395-CV James Willie MYART, Appellant v. REFUGIO PLACE APARTMENTS, Appellee From the County Court at Law No. 10, Bexar County, Texas Trial Court No. 2017CV02638 Honorable Karen Crouch, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: November 8, 2017 DISMISSED FOR WANT OF PROSECUTION Appellant filed a notice of appeal complaining of a final judgment. Appellant’s brief was originally due September 21, 2017, but neither the brief nor a motion for extension of time was filed. On October 4, 2017, we ordered appellant to file, not later than October 16, 2017, the appellant’s brief and a written response reasonably explaining appellant’s failure to timely file the brief. We advised appellant that we would dismiss the appeal for want of prosecution if the brief and the written response were not filed by the date ordered. See TEX. R. APP. P. 38.8(a); see also id. R. 42.3(b), (c) (court may dismiss an appeal for want of prosecution or when the appellant fails 04-17-00395-CV to comply with a court order within the time provided). Appellant has not filed a brief or the written response ordered by the court. We therefore dismiss this appeal. See id. R. 38.8(a)(1), 42.3(b), (c). PER CURIAM -2-

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