Ruben Esqueda v. Kathy Jo Esqueda

• Court: Court of Appeals of Texas
• Decided: March 13, 2008
• Docket: 13-07-00521-CV
• Status: Published

Opinion

NUMBER 13-07-00521-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

RUBEN ESQUEDA, APPELLANT,

v.

KATHY JO ESQUEDA, APPELLEE.

_____________________________________________________________

On Appeal from the 343rd District Court of Live Oak County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Vela

Memorandum Opinion Per Curiam

Appellant's brief in the above cause was due on December 17, 2007. On February 6, 2008, the Court notified appellant, who is proceeding pro se, that the appeal was subject to dismissal for want of prosecution unless, within ten days, appellant reasonably explained his failure to file the brief and the appellee was not significantly injured by his failure to timely file the brief. See Tex. R. App. P. 38.8(a)(1), 42.3(b),(c). Appellant's response, filed with this Court on February 15, 2008, fails to provide a reasonable explanation for his failure to file the brief and further fails to request an extension of time for said filing. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See id.

PER CURIAM

Memorandum Opinion Per Curiam delivered

and filed this the 13th day of March, 2008.