Chelsey Webster v. J.M. Davidson, Inc.

Court of Appeals of Texas

Chelsey Webster v. J.M. Davidson, Inc.

DecidedApril 7, 2005

Docket13-04-00666-CV

StatusPublished

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Opinion

NUMBER 13-04-666-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________________

CHELSEY WEBSTER, Appellant,

v.

J. M. DAVIDSON, INC., Appellee.

____________________________________________________________________

On appeal from the 343rd District Court

of San Patricio County, Texas.

____________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellant, CHELSEY WEBSTER, perfected an appeal from an order entered by the 343rd District Court of San Patricio County, Texas, in cause number S-00-5387-CV-C. The clerk’s record and reporter’s record were filed on December 28, 2004. Appellant’s brief was due on January 17, 2005. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant’s failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On March 8, 2005, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant’s failure to file a proper appellate brief, this Court’s notice, and appellant’s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 7th day of April, 2005

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NUMBER 13-04-666-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________________

CHELSEY WEBSTER, Appellant,

v.

J. M. DAVIDSON, INC., Appellee.

____________________________________________________________________

On appeal from the 343rd District Court

of San Patricio County, Texas.

____________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellant, CHELSEY WEBSTER, perfected an appeal from an order entered by the 343rd District Court of San Patricio County, Texas, in cause number S-00-5387-CV-C. The clerk’s record and reporter’s record were filed on December 28, 2004. Appellant’s brief was due on January 17, 2005. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant’s failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On March 8, 2005, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant’s failure to file a proper appellate brief, this Court’s notice, and appellant’s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 7th day of April, 2005

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