Santos Escobar Jr. v. Veronica Garcia

• Court: Court of Appeals of Texas
• Decided: December 13, 2012
• Docket: 13-12-00526-CV
• Status: Published

Opinion

NUMBER 13-12-00526-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

SANTOS ESCOBAR JR., Appellant,

v.

VERONICA GARCIA, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 7 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Perkes Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on September 20, 2012. On

October 2, 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

this 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).

PER CURIAM

Delivered and filed the 13th day of December, 2012.