Jose Cavazos and Oralia Cavazos v. Graciela Estrada Castellanos

• Court: Court of Appeals of Texas
• Decided: August 16, 2012
• Docket: 13-12-00202-CV
• Status: Published

Opinion

NUMBER 13-12-00202-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JOSE CAVAZOS AND ORALIA CAVAZOS, Appellants,

v.

GRACIELA ESTRADA CASTELLANOS, Appellee. ____________________________________________________________

On appeal from the 93rd District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam The appellants’ brief in the above cause was due on June 25, 2012. On July 3,

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 this

letter, appellants reasonably explained the failure and the appellee was not significantly injured by the appellants’ failure to timely file a brief. To date, no response has been

received from appellant.

On April 25, 2012, the Clerk of the Court notified appellants that they were

delinquent in remitting a $175.00 filing fee. The Clerk of this Court notified appellants

that the appeal was subject to dismissal if the filing fee was not paid within ten days from

the date of receipt of this letter. See TEX. R. APP. P. 37.3, 42.3(b),(c).

Appellants have failed to pay the filing fee and 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),(c).

PER CURIAM

Delivered and filed the 16th day of August, 2012.