From Casetext: Smarter Legal Research

Rodriguez v. Kowalczyk

Court of Appeals of Texas, Thirteenth District, Corpus Christi
May 20, 2004
No. 13-04-044-CV (Tex. App. May. 20, 2004)

Opinion

No. 13-04-044-CV

Opinion delivered and filed: May 20, 2004.

On appeal from County Court at Law No. 2 of Nueces County, Texas.

Before Justices YAÑEZ, RODRIGUEZ, and CASTILLO.


MEMORANDUM OPINION


Appellant, AIDE RODRIGUEZ, perfected an appeal from a judgment entered by County Court at Law No. 2 of Nueces County, Texas, in cause number 00-60961-2. The clerk's record was filed on March 10, 2004. The reporter's record was filed on December 4, 2003. Appellant's brief was due on April 9, 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 April 20, 2004, 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.


Summaries of

Rodriguez v. Kowalczyk

Court of Appeals of Texas, Thirteenth District, Corpus Christi
May 20, 2004
No. 13-04-044-CV (Tex. App. May. 20, 2004)
Case details for

Rodriguez v. Kowalczyk

Case Details

Full title:AIDE RODRIGUEZ, Appellant, v. DEBORAH KOWALCZYK, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi

Date published: May 20, 2004

Citations

No. 13-04-044-CV (Tex. App. May. 20, 2004)