Opinion
NUMBER 13-12-00180-CV
10-04-2012
ADAM CRUZ, Appellant, v. MARYLU CRUZ, Appellee.
On appeal from the County Court at Law No. 6
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Vela
Memorandum Opinion Per Curiam
The appellant's brief in the above cause was due on July 20, 2012. On August 14, 2012, 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. The notice was sent to appellant's address by certified mail return receipt requested; however, the certified mail was returned as unclaimed. Subsequently, the Clerk of the Court sent the notice to appellant by regular mail on August 30, 2012. To date, no response has been received from appellant.
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).