Opinion
No. 04-03-00441-CV.
Delivered and Filed: February 18, 2004.
Appeal from the 293rd Judicial District Court, Maverick County, Texas Trial Court No. 02-10-186652-MCV, Honorable Rey Perez, Judge Presiding.
Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice
MEMORANDUM OPINION
On December 10, 2003, the court ordered appellant Arvin Rameriz's brief due January 9, 2004. Neither the brief nor a motion for extension of time were filed. On January 22, 2004, we therefore ordered Rameriz to file, on or before February 1, 2004, his appellant's brief and a written response reasonably explaining his failure to timely file the brief and showing why appellee is not significantly injured by appellant's failure to timely file a brief. We further advised Rameriz that if he failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See Tex.R.App.P. 38.8(a). Rameriz has not filed a brief or the written response ordered by the court.
We therefore order this appeal dismissed for want of prosecution. We further order that appellee, Lidia S. Esquivel, recover her costs in this appeal from Arvin Rameriz.