Jaime Alberto Rodriguez v. Capital One, N. A.

• Court: Court of Appeals of Texas
• Decided: December 10, 2009
• Docket: 13-09-00310-CV
• Status: Published

Opinion

NUMBER 13-09-00310-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

JAIME ALBERTO RODRIGUEZ, Appellant,

v.

CAPITAL ONE, N. A., Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 1 of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION Before Justices Yañez, Benavides, and Vela Memorandum Opinion Per Curiam The appellant's brief in the above cause was due on July 3, 2009. On October 23,

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

Delivered and filed the 10th day of December, 2009.