Jack Radde v. Jaime Garza

• Court: Court of Appeals of Texas
• Decided: October 9, 2003
• Docket: 13-02-00730-CV
• Status: Published

Opinion

NUMBER 13-02-730-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JACK RADDE, Appellant,

v.

JAIME GARZA, ET AL., Appellees.

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

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

Appellant, JACK RADDE, perfected an appeal from a judgment entered by the 93rd District Court of Hidalgo County, Texas, in cause number C-5546-97-B. The clerk's record was filed on December 30, 2002. The reporter's record was filed on April 21, 2003. Appellant's brief was due on August 1, 2003. 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 2, 2003, 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

Opinion delivered and filed this

the 9th day of October, 2003