Dora Garza v. Woodsboro Little League and Mark Blascke

• Court: Court of Appeals of Texas
• Decided: December 17, 2009
• Docket: 13-09-00303-CV
• Status: Published

Opinion

NUMBER 13-09-00303-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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DORA GARZA, Appellant,

v.

WOODSBORO LITTLE LEAGUE

AND MARK BLASCKE, Appellees.

____________________________________________________________

On appeal from the 135th District Court

of Refugio County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides

Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on November 6, 2009. On November 9, 2009, 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 the Court's 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, 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

17th day of December, 2009.