Jeremy Ming v. S & M Acquisitions & Development, Inc. ( 2020 )

NO. 12-20-00152-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
JEREMY MING, § APPEAL FROM THE 294TH
APPELLANT
V. § JUDICIAL DISTRICT COURT
S & M ACQUISITIONS &
DEVELOPMENT, INC., § VAN ZANDT COUNTY, TEXAS
APPELLEE
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b).
Appellant, Jeremy Ming, perfected this appeal on June 12, 2020. The clerk’s record was filed on
August 11 and Ming’s brief was due on or before September 10. On September 25, this Court
notified Ming that the brief was past due. We further notified Ming that the appeal may be
dismissed for want of prosecution unless a motion for extension of time, containing a reasonable
explanation for the failure to file a brief and showing that Appellee has not suffered material
injury thereby, is filed no later than October 5.
The October 5 deadline has passed and Ming has not filed a brief, a motion for leave to
file a late brief, or a motion for extension of time. Accordingly, we dismiss the appeal for want
of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b).
Opinion delivered October 14, 2020.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
OCTOBER 14, 2020
NO. 12-20-00152-CV
JEREMY MING,
Appellant
V.
S & M ACQUISITIONS & DEVELOPMENT, INC.,
Appellee
Appeal from the 294th District Court
of Van Zandt County, Texas (Tr.Ct.No. 20-00104)
THIS CAUSE came to be heard on the appellate record; and the same being
considered, it is the opinion of this Court that this appeal should be dismissed for want of
prosecution.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that the
appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be
certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.