Moises Saavedra v. Electric Fixture Supply, Inc.

• Court: Court of Appeals of Texas
• Decided: July 5, 2007
• Docket: 13-06-00674-CV
• Status: Published

Opinion

NUMBER13-06-674-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

MOISES SAAVEDRA, Appellant,

v.

ELECTRIC FIXTURE SUPPLY, INC., Appellee.

On appeal from the 197th District Court of Cameron County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

Appellant, MOISES SAAVEDRA, perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2006-12-5575-C. The clerk's record was filed on February 14, 2007. The reporter's record was filed on February 1, 2007. Appellant's brief was due on March 16, 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 April 10, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was 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, appellant's failure to file a proper appellate brief, this Court's notice, and appellant's 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 5th day of July, 2007