Rick Smeltzer d/b/a Denton Auto Glass Service v. Denton Auto Glass, LLC Appeal from County Court at Law No. 2 of Denton County (memorandum opinion per curiam)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00378-CV APPELLANT RICK SMELTZER D/B/A DENTON AUTO GLASS SERVICE V. DENTON AUTO GLASS, LLC APPELLEE ------------ FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY TRIAL COURT NO. CV-2017-02346 ------------ MEMORANDUM OPINION1 AND JUDGMENT -----------On December 1, 2017, we notified appellant that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a). See Tex. R. App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution unless appellant filed with the court within ten days an appellant’s brief and a motion reasonably explaining the failure to file an appellant’s brief and 1 See Tex. R. App. P. 47.4. the need for an extension. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We have not received any response. Because appellant has failed to file a brief after having been given an opportunity to provide a reasonable explanation for the failure, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f). Appellant shall pay all costs of this appeal, for which let execution issue. PER CURIAM PANEL: PITTMAN, J.; SUDDERTH, C.J.; and BIRDWELL, J. DELIVERED: December 21, 2017 2
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