Turner, Hickey & Associates, Inc. v. Ejb Construction Inc. D/B/A Bracco Construction Company

• Court: Court of Appeals of Texas
• Decided: October 24, 2002
• Docket: 13-02-00242-CV
• Status: Published

Opinion

                                   NUMBER 13-02-242-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

____________________________________________________________________

TURNER, HICKEY & ASSOCIATES, INC.,                                 Appellant,

                                                   v.

EJB CONSTRUCTION, INC. D/B/A BRACCO

CONSTRUCTION COMPANY,                                                  Appellee.

____________________________________________________________________

                   On appeal from the County Court at Law No. 4

                                  of Nueces County, Texas.

____________________________________________________________________

                                   O P I N I O N

         Before Chief Justice Valdez and Justices Hinojosa and Yañez

                                       Opinion Per Curiam

Appellant, TURNER, HICKEY & ASSOCIATES, INC., perfected an appeal from a judgment entered by the County Court at Law No. 4 of Nueces County, Texas, in cause number 98-60537-4.  The clerk=s record was filed on June 14, 2002.  The reporter=s record was filed on June 3, 2002.   Appellant=s brief was due on August 12, 2002. 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 September 16, 2002, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellant was 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, appellant=s failure to file a proper appellate brief, this Court=s notice, and appellant=s 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

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 24^th day of October, 2002