Jeffrey J. Webb v. Brandee N. Webb

• Court: Court of Appeals of Texas
• Decided: April 17, 2008
• Docket: 13-07-00638-CV
• Status: Published

Opinion

NUMBER 13-07-00638-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JEFFREY J. WEBB, Appellant,

v.

BRANDEE N. WEBB, Appellee.

____________________________________________________________

On appeal from the 156th District Court of San Patricio County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on December 17, 2007. On January 30, 2008, 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. Appellant has not responded to this notice. 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.

The Court, having considered the documents on file and appellant's failure to file his brief, is of the opinion that the appeal should be dismissed. 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 17th day of April, 2008.