Guillermo Vega, Jr. v. Susanna Vega

• Court: Court of Appeals of Texas
• Decided: June 28, 2007
• Docket: 13-06-00597-CV
• Status: Published

Opinion

NUMBER13-06-597-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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GUILLERMO VEGA, JR., Appellant,

v.

SUSANNA VEGA, Appellee.

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On appeal from the 93rd District Court of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

Appellant, GUILLERMO VEGA, JR., perfected an appeal from a judgment entered by the 93rd District Court of Hidalgo County, Texas, in cause number C-4678-98-B. The clerk's record was filed on November 21, 2006. No reporter's record was filed. Appellant's brief was due on December 21, 2006. 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 April 27, 2007, 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

Memorandum Opinion delivered and filed

this the 28th day of June, 2007.