Stanley Uzoigwe, Individually and D/B/A Pediatric Practice Association v. Tesoro Corporation D/B/A Aaa Custom & Electrical Signs

• Court: Court of Appeals of Texas
• Decided: September 24, 2009
• Docket: 13-09-00005-CV
• Status: Published

Opinion

NUMBER 13-09-00005-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

STANLEY UZOIGWE, INDIVIDUALLY AND D/B/A PEDIATRIC PRACTICE ASSOCIATION, Appellants,

v.

TESORO CORPORATION D/B/A AAA CUSTOM & ELECTRICAL SIGNS, Appellee. ____________________________________________________________

On Appeal from the County Court at Law No. 4 of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on June 26, 2009. On July 9,

2009, 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

Memorandum Opinion delivered and filed this the 24th day of September, 2009.