John C. Clauss, Jr. v. Frank P. De Leon

• Court: Court of Appeals of Texas
• Decided: January 16, 2003
• Docket: 13-02-00412-CV
• Status: Published

Opinion

                                   NUMBER 13-02-412-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

____________________________________________________________________

JOHN C. CLAUSS, JR.,                                                         Appellant,

                                                   v.

FRANK P. DE LEON,                                                               Appellee.

____________________________________________________________________

                       On appeal from the County Court at Law

                                  of Kleberg County, Texas.

____________________________________________________________________

                          MEMORANDUM OPINION

                 Before Justices Rodriguez, Castillo, and Kennedy^[1]

                                       Opinion Per Curiam

Appellant, John C. Clauss, Jr., perfected an appeal from a judgment entered by the County Court at Law of Kleberg County, Texas, in cause number 02-164-C.  The clerk=s record was filed on July 16, 2002.  No reporter=s record was filed.   Appellant=s brief was due on October 29, 2002. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant=s failure to timely file a brief.  Tex. R. App. P. 38.8(a)(1).

On November 25, 2002, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief.  To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant=s failure to file a proper appellate brief, this Court=s notice, and appellant=s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution.  The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Opinion delivered and filed

this the 16^th day of January, 2003.

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^[1]Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov=t Code Ann. ' 74.003 (Vernon 1998).