Ener Rene Garcia v. Rocio Rivera Garcia

Opinion

NUMBER 13-07-00380-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

ENER RENE GARCIA, Appellant,

v.

ROCIO RIVERA GARCIA, Appellee. ____________________________________________________________

On appeal from the 92nd District Court of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Vela Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on June 2, 2008. On August 4,

2008, 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 this

letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. Appellant has not responded to the

Court’s notice.

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).

Memorandum Opinion delivered and filed this the 30th day of October, 2008.