Margarita Vargas De La Rosa v. Francisco De La Rosa, Jr.

• Court: Court of Appeals of Texas
• Decided: March 24, 2011
• Docket: 13-09-00432-CV
• Status: Published

Opinion

NUMBER 13-09-00432-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

MARGARITA VARGAS DE LA ROSA, Appellant,

v.

FRANCISCO DE LA ROSA, JR., Appellee. ____________________________________________________________

On appeal from the 332nd District Court of Hidalgo 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 originally due on January 6, 2010.

Appellant has previously requested and received nine prior extensions of time to file the

brief. On December 21, 2010, this Court ordered the appellate brief to be filed on or

before January 10, 2011. The order notified counsel that no further extensions would be granted and that if the brief was not filed, the appeal was subject to dismissal for want of

prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless appellant

reasonably explained the failure and the appellee was not significantly injured by the

appellant's failure to timely file a brief.

Instead of filing the brief, counsel filed a ninth motion for extension of time to file the

brief. The Court granted the motion and ordered the brief to be filed no later than

February 22, 2011. The order notified counsel that if he failed to file the brief, he would

be ordered to show good cause. To date no response has been received from appellant

and the brief has not been filed.

Appellant has failed to file her 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 24th day of March, 2011.