Rafig, Sheikh M. v. Owners of Woodlen Place Apartments, Davis Brothers Property Development, L.L.C.

• Court: Court of Appeals of Texas
• Decided: January 16, 2003
• Docket: 13-02-00640-CV
• Status: Published

Opinion

                                   NUMBER 13-02-640-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

________________________________________________________________

SHEIKH M. RAFIG,                                                                Appellant,

                                                   v.

OWNERS OF WOODLEN PLACE

APARTMENTS, ET AL.,                                                         Appellees.

________________________________________________________________

                  On appeal from County Civil Court at Law No. 3

                                   of Harris County, Texas.

________________________________________________________________

                          MEMORANDUM OPINION

                 Before Justices Rodriguez, Castillo, and Kennedy^[1]

                                       Opinion Per Curiam

Appellant, Sheikh M. Rafig, perfected an appeal from a judgment entered by County Civil Court at Law No. 3 of Harris County, Texas, in cause number 768,622.  The clerk=s record was filed on October 14, 2002.  No reporter=s record was filed.   Appellant=s brief was due on November 13, 2002. 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 November 25, 2002, 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

Opinion delivered and filed

this the 16^th day of January, 2003.

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^[1]Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov=t Code Ann. ' 74.003 (Vernon 1998).