Darla Lee v. James R. Lee

• Court: Court of Appeals of Texas
• Decided: November 2, 2006
• Docket: 13-06-00077-CV
• Status: Published

Opinion

NUMBER13-06-077-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________ _ _

DARLA LEE, Appellant,

v.

JAMES R. LEE, Appellee.

_____________________________________________________________ ___

On appeal from the 28th District Court of Nueces County, Texas.

_____________________________________________________________ ___

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza

Memorandum Opinion Per Curiam

Appellant, DARLA LEE, perfected an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 03-4491-A. The clerk's record was filed on March 22, 2006. The reporter's record was filed on August 1, 2006. Appellant's brief was due on August 31, 2006. 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 September 14, 2006, 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 2nd day of November, 2006.