Timothy M. Gereb and Barbara A. Gereb, Individually and as Next Friends of Their Minor Daughter, Daniella Nicole Gereb v. Joel Dunlap, M.D., Mark E. Healy, M.D. and South Texas Radiology Group

• Court: Court of Appeals of Texas
• Decided: January 11, 2006
• Docket: 04-05-00569-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00569-CV

Timothy M. GEREB and Barbara A. Gereb, Individually and As Next Friends

of their Minor Daughter Daniella Nicole Gereb,

Appellants

v.

Joel DUNLAP, M.D., Mark Healy, M.D., and South Texas Radiology Group,

Appellees

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2005-CI-07530

Honorable Joe Frazier Brown, Jr., Judge Presiding

PER CURIAM

Sitting:            Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed:   January 11, 2006

DISMISSED FOR WANT OF PROSECUTION

            On November 29, 2005, notice was given to the appellants that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellants were given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received. There being no satisfactory explanation for the failure to timely file the brief, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8; 42.3. Costs of appeal are taxed against the appellants.