William Long v. John Boudreaux

• Court: Court of Appeals of Texas
• Decided: August 21, 2008
• Docket: 13-07-00560-CV
• Status: Published

Opinion

NUMBER 13-07-00560-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

WILLIAM LONG, Appellant,

v.

JOHN BOUDREAUX, Appellee. ____________________________________________________________

On Appeal from the 130th District Court of Matagorda County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justices Garza, Benavides, and Vela Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on May 19, 2008. On June 3,

2008, 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, appellant has neither filed

his brief in this matter nor otherwise responded to the Court’s notices.

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 21st day of August, 2008.