Rafael Cervantes Lopez D/B/A Rafael Cervantes Apartments and/or D'Marco Apartments and Vicencio Properties, Inc. v. Luis A. Romero and Miriam Leticia Alcala, Individually and as Next Friends of Luis Romero, Jr.

• Court: Court of Appeals of Texas
• Decided: May 24, 2007
• Docket: 13-05-00424-CV
• Status: Published

Opinion

NUMBER13-05-424-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

RAFAEL CERVANTES LOPEZ D/B/A RAFAEL

CERVANTES APARTMENTS, ET AL., Appellants,

v.

LUIS A ROMERO, ET AL., Appellees.

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

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellants, RAFAEL CERVANTES LOPEZ D/B/A RAFAEL CERVANTES APARTMENTS, ET AL., perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-1632-03-C. The clerk's record was filed on July 28, 2005. The reporter's record was filed on February 1, 2007. Appellants' brief was due on March 5, 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 March 28, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellants were given ten days to explain why the cause should not be dismissed for failure to file a brief. The Court's letter to appellants was returned as undeliverable, and the Court was informed that no forwarding address was available.

Accordingly, because appellants have failed to file a proper appellate brief and have failed to provide us with any other means of contacting them, we dismiss the appeal for want of prosecution.

PER CURIAM

Memorandum Opinion delivered and

filed this the 24th day of May, 2007.