Diana Torres v. Palacios Housing Authority

• Court: Court of Appeals of Texas
• Decided: August 30, 2005
• Docket: 13-05-00224-CV
• Status: Published

Opinion

                             NUMBER13-05-224-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_______________________________________________________

DIANA TORRES,                                                      Appellant,

                                           v.

PALACIOS HOUSING AUTHORITY,                               Appellee.

                      On appeal from the County Court

                         of Matagorda County, Texas.

                     MEMORANDUM OPINION

                Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellant, DIANA TORRES, perfected an appeal from a judgment entered by the   County Court of Matagorda County, Texas, in cause number 5002.  The clerk=s record was filed on May 16, 2005.  A supplemental clerk=s record was filed on May 23, 2005.  No reporter=s record was filed.  Appellant=s brief was due on June 22, 2005.  To date, no appellate brief has been received.  In addition, appellant has failed to pay the $125.00 filing fee in this matter.

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 July 25, 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 pay the $125.00 filing fee and 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 30th day of August, 2005