John J. Hindera v. Nelson Dometrius--Appeal from 237th District Court of Lubbock County
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NO. 07-02-0112-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
FEBRUARY 24, 2005
______________________________
JOHN J. HINDERA, APPELLANT
V.
NELSON DOMETRIUS, APPELLEE
_________________________________
FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 99-507,408; HONORABLE SAM MEDINA, JUDGE
_______________________________
Before REAVIS and CAMPBELL, JJ. and BOYD, S.J.1
MEMORANDUM OPINION
Pending before this Court is the second motion to dismiss of appellee Nelson
Dometrius by which he requests dismissal citing appellant John J. Hindera’s lack of due
diligence in pursuing this appeal. By order dated January 20, 2005, we reinstated the
1
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.
appeal and notified Hindera that failure to take any action within 10 days would result in
dismissal for want of prosecution. Hindera did not respond. We grant Dometrius’s motion
and dismiss the appeal.
Accordingly, this appeal is dismissed for want of prosecution. Tex. R. App. P.
42.3(b).
Don H. Reavis
Justice
2
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