Real Azteca Inn, L. L. C. and Ricardo De La Mora v. First Vista Investments, L. L. C.

• Court: Court of Appeals of Texas
• Decided: December 10, 2009
• Docket: 13-09-00239-CV
• Status: Published

Opinion

NUMBER 13-09-00239-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

REAL AZTECA INN, L.L.C. AND RICARDO DE LA MORA, Appellants,

v.

FIRST VISTA INVESTMENTS, L.L.C., Appellee. ____________________________________________________________

On appeal from the 206th District Court of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION Before Justices Yañez, Benavides, and Vela Memorandum Opinion Per Curiam

The appellants' brief in the above cause was due on August 21, 2009. On October

5, 2009, the Clerk of the Court notified appellants 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, appellants reasonably explained the failure and the appellee was not significantly

injured by the appellants' failure to timely file a brief. To date, no response has been

received from appellants.

Appellants have failed to either reasonably explain their failure to file a brief, file a

motion for extension of time to file their brief, or file their 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 10th day of December, 2009.