Sara Dubose v. Jerry Kay Dubose, Individually, and as Co-Trustee of the Dubose Family Trust, & John Steen Dubose, Individually, and as Co-Trustee of the Dubose Family Trust, and Cheryl Dubose & San Saba Royalty Company

• Court: Court of Appeals of Texas
• Decided: November 3, 2011
• Docket: 13-11-00209-CV
• Status: Published

Opinion

NUMBER 13-11-00209-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

SARA DUBOSE, Appellant,

v.

JERRY KAY DUBOSE, INDIVIDUALLY, AND AS CO-TRUSTEE OF THE DUBOSE FAMILY TRUST, & JOHN STEEN DUBOSE, INDIVIDUALLY, AND AS CO-TRUSTEE OF THE DUBOSE FAMILY TRUST, AND CHERYL DUBOSE & SAN SABA ROYALTY COMPANY, Appellees. ____________________________________________________________

On Appeal from the County Court of Gonzales County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Vela, and Perkes Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on September 23, 2011. On

October 5, 2011, 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 her failure to file a brief, file a

motion for extension of time to file her brief, or file her 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 3rd day of November, 2011.