Eduardo Jacaman v. Nationstar Mortgage, LLC Appeal from 49th District Court of Webb County (memorandum opinion)
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NUMBER 13-20-00201-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ EDUARDO JACAMAN, Appellant, v. NATIONSTAR MORTGAGE, LLC, Appellee. ____________________________________________________________ On appeal from the 49th District Court of Webb County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Silva Memorandum Opinion by Justice Benavides On April 2, 2020, appellant filed a notice of appeal.1 Appellant's brief was due on November 9, 2020. On November 13, 2020, the clerk of the court notified appellant that, pursuant to Texas Rule of Appellate Procedure 38.8(a)(1), the appeal was subject to 1 This case is before the Court on transfer from the Fourth Court of Appeals in San Antonio pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001. dismissal for want of prosecution, unless appellant provided a reasonable explanation for his failure to timely file a brief within ten days. See TEX. R. APP. P. 38.8(a)(1). On November 23, 2020, appellant filed a motion to extend the deadline to file his brief. We granted the motion and ordered the brief due on January 7, 2021. Appellant failed to file a brief before the new deadline. Therefore, on January 11, 2021, the clerk of the court notified appellant that, pursuant to Texas Rule of Appellate Procedure 38.8(a)(1), the appeal was subject to dismissal for want of prosecution, unless appellant provided a reasonable explanation for his failure to timely file a brief within ten days. See TEX. R. APP. P. 38.8(a)(1). Appellant has failed to either reasonably explain his failure to file a brief, file a motion for extension of time to file his brief, or file his brief. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b). GINA M. BENAVIDES Justice Delivered and filed on the 25th day of March, 2021. 2
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