Champion Transportation & Larry Lister v. TJS Brokerage & Company, Inc. ( 2002 )


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  • Opinion issued October 31, 2002













    In The

    Court of Appeals

    For The

    First District of Texas




    NO. 01-02-00013-CV




    CHAMPION TRANSPORTATION AND LARRY LISTER, Appellants



    V.



    TJS BROKERAGE & COMPANY, INC., Appellee




    On Appeal from the 333rd District Court

    Harris County, Texas

    Trial Court Cause No. 2001-32568




    O P I N I O N

    This is a restricted appeal from a foreign judgment that was filed in Texas on June 28, 2001. The clerk's record has been filed; there is no reporter's record. Appellants' brief was originally due on March 1, 2002. Appellants were granted two extensions of time to file their brief. On July 3, 2002 this Court abated the appeal pursuant to appellant's third motion for extension of time which stated the parties are seriously involved in settlement negotiations and appellant, Lister, has cancer. Because the parties failed to inform the court within 60 days of whether or not they had finalized a settlement agreement, we issued an order on September 23, 2002 lifting the abatement and ordering appellants to file their brief by October 18, 2002 or their appeal would be dismissed for want of prosecution without further notice.

    No reasonable explanation, motion for extension, or brief has been filed; appellants have not responded to this Court's order of September 23, 2001. Accordingly, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). All pending motions are overruled as moot.

    It is so ORDERED.

    PER CURIAM

    The panel consists of Justices Taft, Alcala, and Price (1).

    Do not publish. Tex. R. App. P. 47.

    1.

Document Info

Docket Number: 01-02-00013-CV

Filed Date: 10/31/2002

Precedential Status: Precedential

Modified Date: 9/2/2015