Jose Luis Garcia v. Gillman Automotive F/K/A Kellogg Chevrolet of Harlingen

• Court: Court of Appeals of Texas
• Decided: July 21, 2011
• Docket: 13-11-00014-CV
• Status: Published

Opinion

NUMBER 13-11-00014-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JOSE LUIS GARCIA, Appellant,

v.

GILLMAN AUTOMOTIVE F/K/A KELLOGG CHEVROLET OF HARLINGEN, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 2 of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam The appellant's brief in the above cause was due on March 9, 2011. On May 4,

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, 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 21st day of July, 2011.