Nora Espinosa v. David Davila

• Court: Court of Appeals of Texas
• Decided: July 22, 2004
• Docket: 13-04-00117-CV
• Status: Published

Opinion

NUMBER 13-04-117-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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NORA ESPINOSA,                                                             Appellant,

v.

DAVID DAVILA,                                                                Appellee.

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On appeal from the 214th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Yañez

Memorandum Opinion Per Curiam

         Appellant, NORA ESPINOSA, perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 01-1921-F. The clerk’s record was filed on March 30, 2004. The reporter’s record was filed on March 29, 2004. Appellant’s brief was due on May 28, 2004. 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 June 7, 2004, 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 22^nd day of July, 2004