Figueroav.Villas Del Norte

Fourth Court of Appeals San Antonio, TexasJan 20, 2016
No. 04-15-00238-CV (Tex. App. Jan. 20, 2016)

No. 04-15-00238-CV


Erasmo FIGUEROA, Appellant v. VILLAS OF VISTA DEL NORTE, Appellee


From the County Court at Law No. 5, Bexar County, Texas
Trial Court No. 2015CV01973
Honorable David J. Rodriguez, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice DISMISSED

Appellant's brief was due on September 9, 2015, and after several extensions of time was filed on October 27, 2015. The brief did not comply with Texas Rule of Appellate Procedure 38.1. On November 10, 2015, this court ordered appellant file an amended brief in compliance with Rule 38.1 on or before November 25, 2015. Appellant was cautioned that if the amended brief was not filed by this date or did not correct the cited violations, the court could strike the brief and prohibit appellant from filing another pursuant to Texas Rule of Appellate Procedure 38.9(a).

Appellant failed to file the amended brief, but filed a motion for extension of time, stating his pro se status made it difficult to comply timely. This court allowed Appellant to December 16, 2015 to file the amended brief. Appellant, again, requested additional time to file his amended brief, stating health problems prevented him from timely complying with the court's order. On December 22, 2015, this court ordered appellant to file a brief on or before December 31, 2015, and admonished appellant that no further extensions of time will be allowed, and if the brief was not filed by this date, this court will dismiss this appeal. See TEX. R. APP. P. 38.9(a), 42.3(b),(c).

Appellant has not filed a brief in compliance with Rule 38.1. On January 4, 2016, appellant filed a motion for appointment of counsel. The appeal is DISMISSED for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c). Appellant's motion for appointment of counsel is DENIED. Costs of appeal are taxed against appellant.