Eduardo Jacaman v. Nationstar Mortgage, LLC

Opinion

NUMBER 13-20-00201-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

EDUARDO JACAMAN, Appellant,

v.

NATIONSTAR MORTGAGE, LLC, Appellee. ____________________________________________________________

On appeal from the 49th District Court of Webb County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Silva Memorandum Opinion by Justice Benavides

On April 2, 2020, appellant filed a notice of appeal.1 Appellant's brief was due on

November 9, 2020. On November 13, 2020, the clerk of the court notified appellant that,

pursuant to Texas Rule of Appellate Procedure 38.8(a)(1), the appeal was subject to

1 This case is before the Court on transfer from the Fourth Court of Appeals in San Antonio pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001. dismissal for want of prosecution, unless appellant provided a reasonable explanation for

his failure to timely file a brief within ten days. See TEX. R. APP. P. 38.8(a)(1).

On November 23, 2020, appellant filed a motion to extend the deadline to file his

brief. We granted the motion and ordered the brief due on January 7, 2021. Appellant

failed to file a brief before the new deadline. Therefore, on January 11, 2021, the clerk of

the court notified appellant that, pursuant to Texas Rule of Appellate Procedure

38.8(a)(1), the appeal was subject to dismissal for want of prosecution, unless appellant

provided a reasonable explanation for his failure to timely file a brief within ten days. See

TEX. R. APP. P. 38.8(a)(1).

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).

GINA M. BENAVIDES Justice

Delivered and filed on the 25th day of March, 2021.