Linda Dorothy Swaney v. Thomas Edward Swaney

• Court: Court of Appeals of Texas
• Decided: September 18, 2008
• Docket: 13-07-00229-CV
• Status: Published

Opinion

NUMBER 13-07-00229-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

LINDA DOROTHY SWANEY, Appellant,

v.

THOMAS EDWARD SWANEY, Appellee. ____________________________________________________________

On appeal from the 377th District Court of Victoria County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam

Appellee, Thomas Edward Swaney, has filed a motion to dismiss restricted appeal

on grounds that the appellant, Linda Dorothy Swaney, has failed to file her brief. The

appellant's brief in the above cause was due on March 5, 2008. On June 3, 2008, 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, appellant has neither filed her brief in this

matter nor otherwise responded to the Court’s notice.

Appellant has failed to either reasonably explain her failure to file a brief, file a

motion for extension of time to file her brief, or file her brief. Accordingly, the appellee’s

motion to dismiss restricted appeal is GRANTED and the appeal is DISMISSED FOR

WANT OF PROSECUTION. See TEX . R. APP. P. 38.8(a), 42.3(b).

PER CURIAM

Memorandum Opinion delivered and filed this the 18th day of September, 2008.