Maurilio Navarro and Zulema Cavazos v. National General Insurance Co. Appeal from County Court at Law No 9 of Hidalgo County (memorandum opinion)
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NUMBER 13-23-00453-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG MAURILIO NAVARRO AND ZULEMA CAVAZOS, Appellants, v. NATIONAL GENERAL INSURANCE CO., Appellee. On appeal from the County Court at Law No. 9 of Hidalgo County, Texas. MEMORANDUM OPINION Before Justices Longoria, Silva, and Peña Memorandum Opinion by Justice Peña On October 24, 2023, appellants Maurilio Navarro and Zulema Cavazos filed a notice of appeal from an order dismissing their case against National General Insurance Co. On November 27, 2023, the clerk’s record was filed, and the Clerk of the Court advised appellants that the briefing time schedule had begun. Thus, appellants’ brief was due to be filed on December 27, 2023. On January 9, 2024, the Clerk notified appellants that their brief had not been timely filed and informed them that the appeal would be dismissed for want of prosecution unless appellants reasonably explained their failure to timely file a brief and the appellee would not be significantly injured by a late filing. See TEX. R. APP. P. 38.8(a), 42.3(b), (c). Counsel for appellants has subsequently advised the Court that they will not be filing a brief in this matter. The Court, having examined and fully considered the foregoing sequence of events, is of the opinion that the appeal should be dismissed for want of prosecution. See id. R. 38.8(a); Nevarez v. Elguea, 181 S.W.3d 540, 541 (Tex. App.—El Paso 2005, no pet.). Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). L. ARON PEÑA JR. Justice Delivered and filed on the 22nd day of February, 2024. 2
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