Treyman Group, Inc. v. Rick Sunday & Patti Sunday

Court of Appeals of Texas

Treyman Group, Inc. v. Rick Sunday & Patti Sunday

DecidedMarch 1, 2007

Docket13-06-00606-CV

StatusPublished

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Treyman Group, Inc. v. Rick Sunday & Patti Sunday, (Tex. Ct. App. 2007).

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Opinion

NUMBER 13-06-606-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

TREYMAN GROUP, INC., ET AL., Appellants,

v.

RICK SUNDAY AND PATTI SUNDAY, Appellees.

___________________________________________________________________

On appeal from County Court at Law No. 5

of Hidalgo County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellants, TREYMAN GROUP, INC., ET AL., perfected an appeal from a judgment entered by County Court at Law No. 5 of Hidalgo County, Texas, in cause number CL-05-0292-E. The clerk's record was filed on November 21, 2006. The reporter's record was filed on December 6, 2006. Appellants' brief was due on January 5, 2007. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On January 12, 2007, notice was given to all parties 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.

The Court, having examined and fully considered the documents on file, appellants' failure to file a proper appellate brief, this Court's notice, and appellants' failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 1st day of March, 2007

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NUMBER 13-06-606-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

TREYMAN GROUP, INC., ET AL., Appellants,

v.

RICK SUNDAY AND PATTI SUNDAY, Appellees.

___________________________________________________________________

On appeal from County Court at Law No. 5

of Hidalgo County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellants, TREYMAN GROUP, INC., ET AL., perfected an appeal from a judgment entered by County Court at Law No. 5 of Hidalgo County, Texas, in cause number CL-05-0292-E. The clerk's record was filed on November 21, 2006. The reporter's record was filed on December 6, 2006. Appellants' brief was due on January 5, 2007. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On January 12, 2007, notice was given to all parties 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.

The Court, having examined and fully considered the documents on file, appellants' failure to file a proper appellate brief, this Court's notice, and appellants' failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 1st day of March, 2007

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