Erbey Flores v. Francil Cherian, et al--Appeal from 349th District Court of County

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MARY'S OPINION HEADING NO. 12-01-00350-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

ERBEY FLORES,

 
APPEAL FROM THE 349TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

FRANCIS CHERIAN, ET AL.,

APPELLEES

 
HOUSTON COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected his appeal on October 29, 2001. Thereafter, the record was filed on December 4, 2001, making Appellant's brief due on or before January 3, 2002. When Appellant failed to file his brief within the required time, this court notified him on January 15, 2002, that the brief was past due, and it warned that if no response explaining the delay was filed on or before January 30, 2002, the appeal would be dismissed for want of prosecution under Tex. R. App. P. 38.8(a)(1).

As of February 11, 2002, Appellant has neither tendered his brief nor otherwise responded to this court's notice. Accordingly, Appellant's appeal is dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3.(b).

Opinion delivered February 13, 2002.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
DO NOT PUBLISH
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
FEBRUARY 13, 2002
NO. 12-01-00350-CV
ERBEY FLORES,
Appellant
V.
FRANCIS CHERIAN, ET AL.,
Appellees
Appeal from the 349th Judicial District Court
of Houston County, Texas. (Tr.Ct.No.01-0146)
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed; that all costs of this appeal are hereby assessed against Appellant, Erbey Flores, for which execution may issue; and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
THE STATE OF TEXAS
M A N D A T E

TO THE 349TH JUDICIAL DISTRICT COURT OF HOUSTON COUNTY, GREETINGS:

 

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 13th day of February, 2002, the cause upon appeal to revise or reverse your judgment between

 
ERBEY FLORES, Appellant
NO. 12-01-00350-CV and Tr. Ct. Case Number 01-0146
Opinion by Per Curiam.
FRANCIS CHERIAN, ET AL., Appellees

was determined; and therein our said Court made its order in these words:

THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.

 

It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed; that all costs of this appeal are hereby assessed against Appellant, Erbey Flores, for which execution may issue; and that this decision be certified to the court below for observance.

 

WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

 

WITNESS, THE HONORABLE LEONARD DAVIS, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200_.

 

CATHY S. LUSK, CLERK

 

By:_______________________________

Deputy Clerk