Court of Civil Appeals of Texas, 2007

Rafael Cervantes Lopez D/B/A Rafael Cervantes Apartments and/or D'Marco...

Rafael Cervantes Lopez D/B/A Rafael Cervantes Apartments and/or D'Marco...
Court of Civil Appeals of Texas · Decided May 24, 2007

Rafael Cervantes Lopez D/B/A Rafael Cervantes Apartments and/or D'Marco...

Opinion











NUMBER13-05-424-CV



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG

_______________________________________________________



RAFAEL CERVANTES LOPEZ D/B/A RAFAEL

CERVANTES APARTMENTS, ET AL., Appellants,



v.


LUIS A ROMERO, ET AL., Appellees.

_______________________________________________________



On appeal from the 139th District Court

of Hidalgo County, Texas.

_______________________________________________________



MEMORANDUM OPINION



Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam



Appellants, RAFAEL CERVANTES LOPEZ D/B/A RAFAEL CERVANTES APARTMENTS, ET AL., perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-1632-03-C. The clerk's record was filed on July 28, 2005. The reporter's record was filed on February 1, 2007. Appellants' brief was due on March 5, 2007. 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 March 28, 2007, 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. The Court's letter to appellants was returned as undeliverable, and the Court was informed that no forwarding address was available.

Accordingly, because appellants have failed to file a proper appellate brief and have failed to provide us with any other means of contacting them, we dismiss the appeal for want of prosecution.

PER CURIAM



Memorandum Opinion delivered and

filed this the 24th day of May, 2007.





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