Opinion
No. 13-04-627-CV
Memorandum Opinion Delivered and Filed April 7, 2005.
On appeal from the County Court at Law of San Patricio County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
Appellant, JACKIE McELROY, perfected an appeal from a judgment entered by the County Court at Law of San Patricio County, Texas, in cause number 7246. The clerk's record was filed on November 23, 2004. No reporter's record was filed. Appellant's brief was due on December 28, 2004. 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 March 1, 2005, 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.