Guadalupe Martin Hernandez v. Thelma Jackson

• Court: Court of Appeals of Texas
• Decided: July 26, 2012
• Docket: 13-11-00350-CV
• Status: Published

Opinion

NUMBER 13-11-00350-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

GUADALUPE MARTIN HERNANDEZ, Appellant,

v.

THELMA JACKSON, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 2 of Hidalgo County, Texas. ____________________________________________________________

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

This matter is before the Court on the appellant=s failure to file a brief or reasonably

explain his failure to do so. On October 27, 2011, appellant was notified that the

reporter’s record was due on August 24, 2011, that appellant had failed to request the

reporter’s record, and that if the defect was not cured, the Court would consider and

decide those issues or points that do not require a reporter’s record for a decision. Appellant failed to respond and on December 13, 2011, the Court notified appellant that

the briefing schedule had begun.

Appellant has previously requested and received three extensions of time to file

the brief. On June 13, 2012, this Court ordered the appellate brief to be filed on or before

July 6, 2012. The order notified appellant 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 his brief. Accordingly, the appeal is DISMISSED FOR

WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).

PER CURIAM

Delivered and filed the 26th day of July, 2012.