Mirta Zorilla v. the Homeowners of Plazas Del Lago, Inc.

• Court: Court of Appeals of Texas
• Decided: June 18, 2009
• Docket: 13-08-00721-CV
• Status: Published

Opinion

NUMBER 13-08-00721-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

MIRTA ZORILLA, Appellant,

v.

THE HOMEOWNERS OF PLAZAS DEL LAGO, INC., ET AL., Appellees. ____________________________________________________________

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

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on April 24, 2009. On May 14,

2009, 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, 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

Memorandum Opinion delivered and filed this the 18th day of June, 2009.