Elizondo v. City of San Antonio

This appeal of a whistleblower suit has a tortured procedural history. The trial court entered a take-nothing judgment as to two defendants, denied a motion for new trial and severed the judgment, and thereafter granted a plea in abatement as to later-named defendants. In addition, the court ordered sanctions against appellant and his attorney for adding the later-named defendants in bad faith. On appeal, appellees have filed two motions to dismiss the appeal. Appellant has not responded to either motion. For the reasons stated below, we grant the City of San Antonios motion to dismiss for failure to timely file an appellate brief and timely prosecute this appeal.