Northern Building Company v. Creager Bros. Concrete Contractors, Inc.

• Court: Court of Appeals of Texas
• Decided: May 12, 2011
• Docket: 13-10-00615-CV
• Status: Published

Opinion

                                       NUMBER 13-10-00615-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

NORTHERN BUILDING COMPANY,                                            Appellant,

                                                             v.

CREAGER BROS. CONCRETE CONTRACTORS, INC.,            Appellee.

                      On Appeal from the County Court at Law No. 2

                                        of Victoria 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 due on January 22, 2011.   On March 3, 3011, 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 its failure to file a brief, file a motion for extension of time to file the brief, or file the 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

12th day of May, 2011.