James P. Arthur v. Bank of New York Mellon as Trustee for Cit Home Equity Loan Trust 2002-2

• Court: Court of Appeals of Texas
• Decided: February 23, 2012
• Docket: 13-11-00193-CV
• Status: Published

Opinion

NUMBER 13-11-00193-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JAMES P. ARTHUR, Appellant,

v.

BANK OF NEW YORK MELLON AS TRUSTEE FOR CIT HOME EQUITY LOAN TRUST 2002-2, Appellee. ____________________________________________________________

On Appeal from the County Court at Law No. 1 of Harris County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on December 17, 2011. On

January 11, 2012, 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 23rd day of February, 2012.