Joanne M. Olson, Individually as Wrongful Death Beneficiary of Robert D. Olson, and as Representative and of the Estate of Robert D. Olson v. Valley Regional Medical Center in Its Assumed or Common Name Brownsville-Valley Regional Medical Center, Inc., Brownsville-Valley Regional Medical Center, Inc., D/B/A Valley Regional Medical Center And Columbia Valley Healthcare System, L.P.

• Court: Court of Appeals of Texas
• Decided: April 14, 2011
• Docket: 13-10-00647-CV
• Status: Published

Opinion

                                       NUMBER 13-10-00647-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

JOANNE M. OLSON, INDIVIDUALLY

AS WRONGFUL DEATH BENEFICIARY

OF ROBERT D. OLSON, AND AS

REPRESENTATIVE AND EXECUTRIX

OF THE ESTATE OF ROBERT D. OLSON,                         APPELLANT,

                                                             v.

VALLEY REGIONAL MEDICAL CENTER

IN ITS ASSUMED OR COMMON NAME;

BROWNSVILLE-VALLEY REGIONAL

MEDICAL CENTER, INC.,

MEDICAL CENTER, INC., D/B/A VALLEY

REGIONAL MEDICAL CENTER; AND

COLUMBIA VALLEY HEALTHCARE SYSTEM, L.P.,         APPELLEES.

                           On appeal from the 445th District Court

                                      of Cameron County, Texas.

                               MEMORANDUM OPINION

                               Before Justices Garza, Vela, and Perkes

Memorandum Opinion Per Curiam

This cause is before the Court on appellees’ motion to dismiss appeal for want of prosecution.  The appellant's brief in the above cause was due on February 18, 2011.  On March 3, 2011, 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, appellees’ motion to dismiss is GRANTED and the appeal is DISMISSED FOR WANT OF PROSECUTION.  See Tex. R. App. P. 38.8(a), 42.3(b)(c).

PER CURIAM

Delivered and filed the

14th day of April, 2011.