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McClain v. Dell, Inc.

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 26, 2013
NUMBER 13-13-00398-CV (Tex. App. Nov. 26, 2013)

Opinion

NUMBER 13-13-00398-CV

11-26-2013

JOSEPH E. MCCLAIN III, APPELLANT, v. DELL, INC. AND SEATON CORP. D/B/A STAFF MANAGEMENT, APPELLEE.


On appeal from the 201st District Court

of Travis County, Texas.


MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

This appeal was transferred to this Court from the Third Court of Appeals by order of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West Supp. 2011) (delineating the jurisdiction of appellate courts); TEX.GOV'T CODE ANN. § 73.001 (West 2005) (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is "good cause" for the transfer). The appellant's brief in the above cause was due on October 9, 2013. On October 23, 2013, 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 the 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, 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).

PER CURIAM


Summaries of

McClain v. Dell, Inc.

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 26, 2013
NUMBER 13-13-00398-CV (Tex. App. Nov. 26, 2013)
Case details for

McClain v. Dell, Inc.

Case Details

Full title:JOSEPH E. MCCLAIN III, APPELLANT, v. DELL, INC. AND SEATON CORP. D/B/A…

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Nov 26, 2013

Citations

NUMBER 13-13-00398-CV (Tex. App. Nov. 26, 2013)

Citing Cases

McClain v. Dell Inc.

An appeal of that order was dismissed for failure to file a brief. McClain v. Dell, Inc., No. 13-13-00398-CV,…

In re McClain

We dismiss that appeal by separate opinion issued this same date. See McClain v. Dell, Inc., No.…