NUMBER 13-04-413-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN THE INTEREST OF B.A.H., A MINOR CHILD

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On appeal from the 139th District Court

of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellants, Sonia Ann Harris and Ashleigh Nicole Lehmann, perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number F-3435-03-C. The clerk’s record was filed on August 10, 2004. The reporter’s record was filed on August 31, 2004. Appellant’s brief was due on September 30, 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 November 29, 2004 and December 14, 2004, notices were given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellants were 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, appellants’ failure to file a proper appellate brief, this Court’s notice, and appellants’ 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