Nora Dominguez v. John J. Dominguez--Appeal from 93rd District Court of Hidalgo County

NUMBER 13-01-046-CV

 
COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

NORA DOMINGUEZ , Appellant,

v.

 
JOHN J. DOMINGUEZ , Appellee.

____________________________________________________________________

On appeal from the 93rd District Court

of Hidalgo County, Texas.

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O P I N I O N

 
Before Chief Justice Valdez and Justices Hinojosa and Yanez

Opinion Per Curiam

Appellant, NORA DOMINGUEZ , perfected an appeal from a judgment entered by the 93rd District Court of Hidalgo County, Texas, in cause number C-5322-95-B . The clerk's record was filed on January 12, 2001 . No reporter's record was filed . Appellant's brief was due on February 12, 2001 . To date, no appellate brief has been received. Additionally, appellant has failed to remit the $125.00 filing fee.

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 May 2, 2001 , notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3(c). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. Additionally, appellant was given ten days to remit the $125.00 filing fee. To date, no response has been received nor has the filing fee been paid.

The Court, having examined and fully considered the documents on file, appellant's failure to pay the filing fee and 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

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 24th day of May, 2001