Opinion
No. 04-17-00716-CV
05-03-2018
Samuel R. BUILTA a/k/a Sam Builta, Individually and d/b/a Technical Services System, Appellants v. PARAGON, INC., Appellee
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 393227
Honorable Karen Crouch, Judge Presiding
ORDER
The reporter's record has not been paid and Appellant's brief is overdue.
On April 11, 2018, this court received notice from the Office of the Chief Disciplinary Counsel of the State Bar of Texas that Appellant's retained counsel Daniel L. Brown has been suspended from the practice of law effective March 21, 2018. No notice of appearance of new counsel to represent Appellant has been filed.
On April 18, 2018, we ordered Appellant Samuel R. Builta to show cause in writing 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.).
On the response due date, Appellant, acting pro se, filed a written response and asked this court for a five-day extension of time to obtain replacement counsel.
Our April 18, 2018 show cause order is satisfied.
We now ORDER Appellant to show cause in writing within TEN DAYS of the date of this order why this appeal 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.).
Appellant may satisfy this order by Appellant filing a pro se motion for extension of time to file the brief or a motion to dismiss this appeal, or by counsel filing a notice of appearance and a motion for extension of time to file the brief. Appellant's written response must include a reasonable explanation for Appellant's failure to timely file the brief. See TEX. R. APP. P. 38.8(a).
If Appellant fails to show cause as ordered, this appeal will be dismissed without further notice. See id. R. 42.3(b), (c); Elizondo, 975 S.W.2d at 63.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court