Opinion
No. 13-07-201-CV
Memorandum Opinion delivered and filed September 27, 2007.
On appeal from the 139th District Court of Hidalgo County, Texas.
Before Justices RODRIGUEZ, GARZA, and VELA.
MEMORANDUM OPINION
Appellants, MAGDALENO CRUZ, SR., ET AL., perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-337-06-C(1). The clerk's record was filed on April 25, 2007. No reporter's record was filed. Appellants' brief was due on May 29, 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 August 24, 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.