ROLANDO MARTINEZ CALDERONI v. MARIO R. VILLARREAL AND ANDRES GARCIA GARCIA--Appeal from 357th District Court of Cameron County

NUMBER13-06-688-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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ROLANDO MARTINEZ CALDERONI, Appellant,

 
v.

MARIO R. VILLARREAL, ET AL. Appellees.

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On appeal from the 357th District Court
of Cameron County, Texas.

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

Appellant, ROLANDO MARTINEZ CALDERONI, perfected an appeal from a judgment entered by the 357th District Court of Cameron County, Texas, in cause number 2004-10-4976-E. The clerk's record was filed on June 4, 2007, and a supplemental clerk's record was filed on June 14, 2007. No reporter's record was filed. Appellant's brief was due on July 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 August 6, 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 from appellant. Appellees have filed a motion to dismiss the appeal.

The Court, having examined and fully considered the documents on file, appellant's failure to file a proper appellate brief, this Court's notice, appellant's failure to respond, and appellees' motion to dismiss the appeal, is of the opinion that the appeal should be dismissed. Appellees' motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED.

PER CURIAM

 

Memorandum Opinion delivered and filed

this the 4th day of October, 2007