Robert Zuniga v. Edinburg Regional Medical Center

• Court: Court of Appeals of Texas
• Decided: August 23, 2012
• Docket: 13-11-00405-CV
• Status: Published

Opinion

NUMBER 13-11-00405-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ROBERT ZUNIGA, Appellant,

v.

EDINBURG REGIONAL MEDICAL CENTER, ET AL., Appellees. ____________________________________________________________

On Appeal from the 389th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on June 22, 2012. On July 3,

2012, 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 the

Court's 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 his failure to file a brief, file a

motion for extension of time to file his brief, or file his brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b).

Any pending motions are dismissed as moot.

PER CURIAM

Delivered and filed this 23rd day of August, 2012.