Court of Civil Appeals of Texas, 2005

Bonnie E. Clinkscales v. LLP Mortgage Ltd.

Bonnie E. Clinkscales v. LLP Mortgage Ltd.
Court of Civil Appeals of Texas · Decided March 10, 2005

Bonnie E. Clinkscales v. LLP Mortgage Ltd.

Opinion







NUMBER 13-04-596-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

____________________________________________________________________


BONNIE E. CLINKSCALES, ET AL.,                                    Appellants,


v.


LLP MORTGAGE LTD.,                                                       Appellee.

____________________________________________________________________


On appeal from the 148th District Court

of Nueces County, Texas.

____________________________________________________________________


MEMORANDUM OPINION


Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam


         Appellants, BONNIE E. CLINKSCALES, ET AL., perfected an appeal from a judgment entered by the 148th District Court of Nueces County, Texas, in cause number 04-167-E. The clerk’s record was filed on November 8, 2004. No reporter’s record was filed. Appellants’ brief was due on December 8, 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 January 26, 2005, notice was 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 10th day of March, 2005



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