Javier De La Rosa Jr. v. State

• Court: Court of Appeals of Texas
• Decided: June 7, 2012
• Docket: 13-12-00368-CR
• Status: Published

Opinion

NUMBER 13-11-00748-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ALICIA OLABARRIETA AND APPELLANTS, ADALBERTO OLABARRIETA,

v.

COMPASS BANK, APPELLEE. ____________________________________________________________

On appeal from the 206th District Court of Hidalgo County, Texas. ____________________________________________________________

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

The appellants’ brief in the above cause was due on April 12, 2012. On April 23,

2012, the Clerk of the Court notified appellants 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 the Court’s 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 appellants.

Appellants have failed to either reasonably explain their failure to file a brief, file a

motion for extension of time to file the brief, or file the 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 7th day of June, 2012.