Eloy Garcia and Aurora Garcia v. Compass Bank, N.A.

• Court: Court of Appeals of Texas
• Decided: June 21, 2012
• Docket: 13-12-00104-CV
• Status: Published

Opinion

NUMBER 13-12-00104-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ELOY GARCIA AND AURORA GARCIA, Appellants,

v.

COMPASS BANK, N.A., Appellee. ____________________________________________________________

On Appeal from the 398th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

The appellants’ brief in the above cause was due on May 2, 2012. On May 18,

2012, 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.

Appellants have failed to either reasonably explain their failure to file a brief, file a

motion for extension of time to file a brief, or file a 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 21st day of June, 2012.