in the Interest of M.S., a Child

• Court: Court of Appeals of Texas
• Decided: November 5, 2009
• Docket: 13-09-00098-CV
• Status: Published

Opinion

NUMBER 13-09-00098-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

IN THE INTEREST OF M.S., A CHILD ____________________________________________________________

On appeal from the 25th District Court of Gonzales County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on September 28, 2009. On

October 5, 2009, 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. To date, no response has been

received from appellant. 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 5th day of November, 2009.