JACKIE McELROY v. MICHELLE LICHTENBERGER--Appeal from County Court at Law of San Patricio County

NUMBER 13-04-627-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JACKIE McELROY, Appellant,

v.

MICHELLE LICHTENBERGER, Appellee.

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On appeal from the County Court at Law

of San Patricio County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellant, JACKIE McELROY, perfected an appeal from a judgment entered by the County Court at Law of San Patricio County, Texas, in cause number 7246. The clerk s record was filed on November 23, 2004. No reporter s record was filed. Appellant s brief was due on December 28, 2004. 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 March 1, 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 7th day of April, 2005