Jeffrey Michael Lorence v. Elia Cornejo Lopez Appeal from 445th District Court of Cameron County (memorandum opinion)
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NUMBER 13-18-00552-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ JEFFREY MICHAEL LORENCE, Appellant, v. ELIA CORNEJO LOPEZ, Appellee. ____________________________________________________________ On appeal from the 445th District Court of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Chief Justice Contreras The appellant’s brief in the above cause was due on May 1, 2019. On May 6, 2019, the Clerk of the Court notified appellant 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 the Court’s letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant’s failure to timely file a brief. To date, no response has been received from appellant. Appellee filed a motion to dismiss for failure to prosecute which was carried with the case by this Court on January 25, 2019. Appellant has 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). DORI CONTRERAS Chief Justice Delivered and filed the 23rd day of May, 2019. 2
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