Samuel R. Builta A/K/A Sam Builta, Individually and D/B/A Technical Services System v. Paragon, Inc. ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00716-CV
Samuel R. BUILTA a/k/a Sam Builta, Individually and d/b/a Technical Services System,
Appellant
v.
PARAGON, INC.,
Appellee
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 393227
Honorable Karen Crouch, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: August 1, 2018
DISMISSED FOR WANT OF PROSECUTION
In this appeal, Appellant was initially represented by retained counsel. On April 5, 2018,
this court received notice from the Office of the Chief Disciplinary Counsel of the State Bar of
Texas that Appellant’s counsel had been suspended from the practice of law effective March 21,
2018. Appellant advised this court he had obtained replacement counsel, but no notice of
appearance of new counsel to represent Appellant has been filed.
Appellant’s brief was due on June 22, 2018. Because no motion for extension of time to
file the brief or appellant’s brief was timely filed, on June 29, 2018, we ordered Samuel R. Builta
04-17-00716-CV
to show cause in writing not later than July 9, 2018, why this cause should not be dismissed for
want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b), (c); Elizondo v. City of San Antonio,
975 S.W.2d 61, 63 (Tex. App.—San Antonio 1998, no pet.). We advised Appellant that his written
response must include a reasonable explanation for his failure to timely file the brief. See TEX. R.
APP. P. 38.8(a). We warned Appellant that if he failed to show cause as ordered, this appeal would
be dismissed without further notice. See id. R. 42.3(b), (c); Elizondo, 975 S.W.2d at 63.
To date, Appellant has filed no response to our June 29, 2018 order. We dismiss this appeal
for want of prosecution. See id. R. 38.8(a)(1), 42.3(b).
PER CURIAM
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