Adam Cruz v. Marylu Cruz

• Court: Court of Appeals of Texas
• Decided: October 4, 2012
• Docket: 13-12-00180-CV
• Status: Published

Opinion

NUMBER 13-12-00180-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ADAM CRUZ, Appellant,

v.

MARYLU CRUZ, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 6 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on July 20, 2012. On August

14, 2012, the Clerk of the Court notified appellant that the brief had not been timely filed

and that the appeal was subject to dismissal for want of prosecution under Texas Rule of

Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this

letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. The notice was sent to appellant’s

address by certified mail return receipt requested; however, the certified mail was

returned as unclaimed. Subsequently, the Clerk of the Court sent the notice to appellant

by regular mail on August 30, 2012. To date, no response has been received from

appellant.

Appellant has failed to either reasonably explain his failure to file a brief, file a

motion for extension of time to file his brief, or file his brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b).

PER CURIAM

Delivered and filed the 4th day of October, 2012.