Dan Uzzell, Trustee v. Jasper T. Roe, Irrevocable Trust

• Court: Court of Appeals of Texas
• Decided: August 21, 2008
• Docket: 13-07-00685-CV
• Status: Published

Opinion

NUMBER 13-07-00685-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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DAN UZZELL, TRUSTEE, Appellant,

v.

JASPER T. ROE, IRREVOCABLE TRUST, Appellee.

____________________________________________________________

On appeal from the 404th District Court

of Cameron County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on March 12, 2008. On June 3, 2008, 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. To date, appellant has neither filed his brief in this matter nor otherwise responded to the Court's notices.

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

Memorandum Opinion delivered

and filed this the 21st day of August, 2008.