BELEN VARGAS, DECEASED v. MARIANO VARGAS--Appeal from 24th District Court of De Witt County
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NUMBER 13-07-00586-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ________________________________________________ __________ BELEN VARGAS, DECEASED, Appellant, v. MARIANO VARGAS, Appellee. ____________________________________________________________ On Appeal from the 24th District Court of De Witt County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Yañez, Benavides, and Vela Memorandum Opinion Per Curiam Pro se appellant, Belen Vargas, perfected an appeal from a judgment entered by the 24th District Court of De Witt County, Texas, in cause number 07-01-20,545. The record was filed and appellant s brief became due, but no appellant s brief has been filed. On March 30, 2009, this Court was advised by appellant s sister, Linda Perez (Perez), that appellant died on October 5, 2008. On June 8, 2009, the Clerk of this Court spoke with Perez regarding the administration of appellant s estate. Perez indicated that she was in the process of seeking legal counsel to appoint a legal representative for appellant s estate and determine if the representative, if any, and/or her heirs desire to prosecute the appeal. Perez stated that appellant had no children, was divorced, and that appellant s siblings are the closest living relatives. The Clerk of the Court sent a letter to Perez requiring her to inform the Court by July 31, 2009, whether there would be an administration of appellant s estate and whether there would be a legal successor to appellant who would be prosecuting the appeal to conclusion. Perez was advised that if the Court did not receive a response, the appeal would be subject to dismissal for want of prosecution. To date, the Court has not received any information regarding the administration of appellant s estate. Accordingly, we dismiss the appeal for want of prosecution. See TEX . R. APP. P. 42.3(b). PER CURIAM Memorandum Opinion delivered and filed this the 15th day of October, 2009. 2
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