Elva Perez v. Deutsche Bank National Trust Company, as Trustee Under Novastar Mortgage Funding Trust, Series 2002-2

• Court: Court of Appeals of Texas
• Decided: November 3, 2011
• Docket: 13-10-00621-CV
• Status: Published

Opinion

NUMBER 13-10-00621-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ELVA PEREZ, Appellant,

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2002-2, Appellee. ____________________________________________________________

On appeal from the 103rd District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Vela, and Perkes Memorandum Opinion Per Curiam

The appellant's brief in the above cause was originally due on April 4, 2011. On

August 18, 2011, this Court ordered the appellate brief to be filed on or before September

19, 2011. The order notified counsel that no further extensions would be granted and that if the brief was not filed, the appeal was subject to dismissal for want of prosecution

under Texas Rule of Appellate Procedure 38.8(a)(1), unless appellant reasonably

explained the failure and the appellee was not significantly injured by the appellant's

failure to timely file a brief.

Appellant has failed to file her brief or otherwise respond. 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 3rd day of November, 2011.