Opinion
No. 13-03-187-CV.
August 14, 2003.
On appeal from the 135th District Court of Victoria County, Texas.
Before Justices Hinojosa, Yañez, and Garza.
MEMORANDUM OPINION
Appellant, ANGELA RIOS, perfected an appeal from a judgment entered by the 135th District Court of Victoria County, Texas, in cause number 01-5-56,430-D. The clerk's record was filed on April 28, 2003. No reporter's record was filed. Appellant's brief was due on May 28, 2003. 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 July 16, 2003, 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.