Jose Leija v. Valero Energy Corporation
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJune 24, 2026
Docket04-25-00805-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00805-CV
Jose LEIJA,
Appellant
v.
VALERO ENERGY CORPORATION,
Appellee
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-CI-14646
Honorable Christine Vasquez Hortick, Judge Presiding
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice
Delivered and Filed: June 24, 2026
DISMISSED FOR WANT OF PROSECUTION
Appellant’s brief was originally due March 9, 2026; however, the court granted an
extension to April 8, 2026. On April 6, 2026, appellant’s counsel, Arnold & Itkin, LLP, filed a
motion to withdraw and further requested an extension of time to file the brief to April 23, 2026.
In their motion, Arnold & Itkin indicated appellant informed them he would be hiring a different
law firm to represent him on appeal. After denying their motion to withdraw without prejudice to
refiling one that complied with Rule 6.5 of the Texas Rules of Appellate Procedure, we granted
04-25-00805-CV
the extension to April 23, 2026. However, neither the brief nor a motion for extension of time was
filed.
We therefore ordered appellant, Jose Leija, to file, by May 14, 2026, appellant’s brief and
a written response reasonably explaining his failure to timely file the brief. We admonished
appellant that if he failed to file a brief and the written response by the date ordered, we would
dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellant has not filed
the brief or a written response reasonably explaining his failure to timely file it.
Accordingly, this appeal is dismissed.
PER CURIAM
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