Juan Garza v. Geronimo Galvan

• Court: Court of Appeals of Texas
• Decided: November 25, 2014
• Docket: 13-14-00298-CV
• Status: Published

Opinion

NUMBER 13-14-00298-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JUAN GARZA, Appellant,

v.

GERONIMO GALVAN, Appellee. ____________________________________________________________

On Appeal from the 197th District Court of Willacy County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Longoria Memorandum Opinion Per Curiam

The appellant's brief in the above cause was originally due on September 10, 2014.

This Court granted appellant’s first motion for extension of time to file the brief on or before

November 3, 2014. On November 5, 2014, 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 the Court’s 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 25th day of November, 2014.