Texas Building Group, LLC and Tuan Oliva v. Carmen Alvarez Appeal from County Court at Law No 1 of Hidalgo County (memorandum opinion per curiam)
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NUMBER 13-16-00083-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ TEXAS BUILDING GROUP, LLC AND TUAN OLIVA, Appellants, v. CARMEN ALVAREZ, Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 1 of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam The appellants’ brief in the above cause was due on October 3, 2016. On October 7, 2016, the Clerk of the Court notified appellants that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellants reasonably explained the failure and the appellee was not significantly injured by the appellants’ failure to timely file a brief. To date, no response has been received from appellants. Appellee has filed a motion to dismiss the appeal. Appellants have failed to either reasonably explain the failure to file a brief, file a motion for extension of time to file the brief, or file the brief. Accordingly, appellee’s motion to dismiss is GRANTED and the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c). PER CURIAM Delivered and filed the 27th day of October, 2016. 2
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