Opinion
No. 13-10-00647-CV
Delivered and filed April 14, 2011.
On appeal from the 445th District Court of Cameron County, Texas.
Before Justices GARZA, VELA, and PERKES.
MEMORANDUM OPINION
This cause is before the Court on appellees' motion to dismiss appeal for want of prosecution. The appellant's brief in the above cause was due on February 18, 2011. On March 3, 2011, 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, 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, appellees' motion to dismiss is GRANTED and the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).