Mirta Ramos, Individually, as Spouse of Francisco Velasquez Jr. and as Next Friend of Z. M. v. A. M. v. E. J. v. A. J. v. and M. F. v. Minor Children of Francisco Velasquez Jr. v. Texas Department of Public Safety

• Court: Court of Appeals of Texas
• Decided: December 21, 2011
• Docket: 13-11-00497-CV
• Status: Published

Opinion

NUMBER 13-11-00497-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

MIRTA RAMOS, INDIVIDUALLY, AS SPOUSE OF FRANCISCO VELASQUEZ JR. AND AS NEXT FRIEND OF Z. M. V., A. M. V., E. J. V., A. J. V. AND M. F. V., MINOR CHILDREN OF FRANCISCO VELASQUEZ JR., DECEASED, Appellant,

v.

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee. ____________________________________________________________

On Appeal from the 332nd District Court of Hidalgo County, Texas. ____________________________________________________________

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

The appellant's brief in the above cause was due on September 30, 2011. On

November 7, 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 the notice, 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 her failure to file a brief, file a

motion for extension of time to file her brief, or file her 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 December, 2011.