Moises Saavedra v. Electric Fixture Supply, Inc.--Appeal from 197th District Court of Cameron County

NUMBER13-06-674-CV

 
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

_______________________________________________________

 

MOISES SAAVEDRA, Appellant,

 
v.

ELECTRIC FIXTURE SUPPLY, INC., Appellee.

_______________________________________________________

 
On appeal from the 197th District Court
of Cameron County, Texas.

_______________________________________________________

 
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Vela
Memorandum Opinion Per Curiam

Appellant, MOISES SAAVEDRA, perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2006-12-5575-C. The clerk's record was filed on February 14, 2007. The reporter's record was filed on February 1, 2007. Appellant's brief was due on March 16, 2007. 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 10, 2007, 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 5th day of July, 2007