ROBIN DUTTON v. CERIDIAN CORPORATION--Appeal from 295th District Court of Harris County
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NUMBER13-05-250-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
___________________________________________________________________
ROBIN DUTTON, Appellant,
v.
CERIDIAN CORPORATION, Appellee.
___________________________________________________________________
On appeal from the 295th District Court
of Harris County, Texas.
___________________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Hinojosa and Castillo
Memorandum Opinion Per Curiam
Appellant, ROBIN DUTTON, perfected an appeal from a judgment entered by the 295th District Court of Harris County, Texas, in cause number 2003-65416. The clerk=s record was filed on May 11, 2005. No reporter=s record was filed. Appellant=s brief was due on June 10, 2005. 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 June 16, 2005, 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.
PER CURIAM
Memorandum Opinion delivered and filed
this the 28th day of July, 2005
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