Opinion
NUMBERS 13-16-00057-CV
01-28-2016
JESUS ISRAEL MUNIZ, Appellant, v. JUAN LINO GARZA SR., ET AL., Appellees.
On appeal from the 93rd District Court of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Benavides
Memorandum OpinionPer Curiam
Appellant, Jesus Israel Muniz, filed an appeal from a judgment entered by the 93rd District Court of Hidalgo County, Texas, in cause number C-2647-05-B. This matter is before the Court on the appellant's failure to file a brief or reasonably explain his failure to do so, and appellant's failure to pay the filing fee.
The appellant's brief in the above cause was due on October 16, 2015. On October 26, 2015, and December 7, 2015, 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 a motion for extension of time to file the brief has not been filed and the brief has not been filed.
On September 11, 2015, and December 7, 2015, the Clerk of this Court notified appellant, in accordance with Texas Rule of Appellate Procedure 42.3(c), that we would dismiss this appeal unless the $195.00 filing fee was paid. See TEX. R. APP. P. 42.3(c). Appellant has not responded to the notices from the Clerk or paid the $195.00 filing fee. See TEX. R. APP. P. 5, 12.1(b).
The Court, having considered the documents on file, appellant's failure to file his brief, and appellant's failure to pay the filing fee, is of the opinion that the appeal should be dismissed. See id. 42.3(b),(c). Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).
PER CURIAM Delivered and filed the 28th day of January, 2016.