Richard L. Perez v. Department Stores National Bank, now merged into Citibank, N.A.

Summary

The Fourth Court of Appeals of Texas dismissed Richard L. Perez’s appeal for want of prosecution after he failed to file an appellant’s brief or respond to the court’s order requiring a brief and explanation. The court taxed costs of appeal against Perez.

Holdings

1. An appeal may be dismissed for want of prosecution when the appellant fails to timely file the required brief and then fails to comply with an appellate court order directing the appellant to file the brief and provide a reasonable explanation for the failure.

Questions Presented

1. Whether the appeal should be dismissed for want of prosecution when the appellant failed to timely file an appellate brief and failed to comply with an order directing him to file the brief and explain the failure.

Disposition

dismissed