Robert Scott v. Cameron County, Texas

• Court: Court of Appeals of Texas
• Decided: June 16, 2005
• Docket: 13-05-00117-CV
• Status: Published

Opinion

                             NUMBER 13-05-117-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_______________________________________________________

ROBERT SCOTT,                                                     Appellant,

                                           v.

CAMERON COUNTY, TEXAS,                                      Appellee.

                  On appeal from the 404th District Court

                          of Cameron County, Texas.

______________________________________________________ _

                     MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Hinojosa and Garza

                       Memorandum Opinion Per Curiam

Appellant, ROBERT SCOTT, perfected an appeal from a judgment entered by the   404th District Court of Cameron County, Texas, in cause number 2003-01-000153-G.  The clerk=s record was filed on March 18, 2005.  No reporter=s record was filed.  Appellant=s brief was due on April 18, 2005.  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 May 16, 2005, 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 16th day of June, 2005