Ener Rene Garcia v. Rocio Rivera Garcia

• Court: Court of Appeals of Texas
• Decided: October 30, 2008
• Docket: 13-07-00380-CV
• Status: Published

Opinion

NUMBER 13-07-00380-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ENER RENE GARCIA, Appellant,

v.

ROCIO RIVERA GARCIA, Appellee.

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

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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).

PER CURIAM

Memorandum Opinion delivered and

filed this the 30th day of October, 2008.