Magdaleno Cruz, Sr. v. Ruben G. Mohme, M.D.

• Court: Court of Appeals of Texas
• Decided: September 27, 2007
• Docket: 13-07-00201-CV
• Status: Published

Opinion

NUMBER13-07-201-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MAGDALENO CRUZ, SR., ET AL., Appellants,

v.

RUBEN G. MOHME, M.D., Appellee.

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On appeal from the 139th District Court of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Appellants, MAGDALENO CRUZ, SR., ET AL., perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-337-06-C(1). The clerk's record was filed on April 25, 2007. No reporter's record was filed. Appellants' brief was due on May 29, 2007. 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 August 24, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellants were 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, appellants' failure to file a proper appellate brief, this Court's notice, and appellants' 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

Memorandum Opinion delivered and filed

this the 27th day of September, 2007.