Geronimo Edelmiro Hernandez v. Gilberto Falcon and Wife, Elma Falcon

• Court: Court of Appeals of Texas
• Decided: October 24, 2002
• Docket: 13-02-00115-CV
• Status: Published

Opinion

                                   NUMBER 13-02-115-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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GERONIMO EDELMIRO HERNANDEZ,                                      Appellant,

                                                   v.

GILBERTO FALCON AND WIFE, ELMA FALCON,                      Appellees.

____________________________________________________________________

                         On appeal from the 92nd District Court

                                  of Hidalgo County, Texas.

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                                   O P I N I O N

         Before Chief Justice Valdez and Justices Hinojosa and Yanez

                                       Opinion Per Curiam

Appellant, GERONIMO EDELMIRO HERNANDEZ, perfected an appeal from a judgment entered by the 92nd District Court of Hidalgo County, Texas, in cause number C-2395-97-A.  The clerk=s record was filed on March 22, 2002.  No reporter=s record was filed.   Appellant=s brief was due on April 22, 2002. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant=s failure to timely file a brief.  Tex. R. App. P. 38.8(a)(1).

On September 16, 2002,  notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief.  To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant=s failure to file a proper appellate brief, this Court=s notice, and appellant=s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution.  The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 24^th day of October, 2002