Court of Civil Appeals of Texas, 2006

Jose Saucedo v. Pak-Mor Manufacturing Company

Jose Saucedo v. Pak-Mor Manufacturing Company
Court of Civil Appeals of Texas · Decided December 21, 2006

Jose Saucedo v. Pak-Mor Manufacturing Company

Opinion











NUMBER13-06-299-CV



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG

_______________________________________________________



JOSE SAUCEDO, Appellant,



v.


PAK-MOR MANUFACTURING COMPANY, ET AL., Appellees.

_______________________________________________________



On appeal from the 214th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION



Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam



Appellant, JOSE SAUCEDO, perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 02-5385-F. The clerk's record was filed on June 1, 2006. No reporter's record was filed. Appellant's brief was due on July 3, 2006. 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 October 23, 2006, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was 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, appellant's failure to file a proper appellate brief, this Court's notice, and appellant's 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 21st day of December, 2006





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