Court of Civil Appeals of Texas, 2008

State

State
Court of Civil Appeals of Texas · Decided April 24, 2008

State

Opinion

NUMBER 13-07-700-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF J.M. ____________________________________________________________ On Appeal from the Probate Court of Hidalgo County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Benavides Memorandum Opinion Per Curiam The appellant's brief in the above cause was due on January 9, 2008. On January 30, 2008, the Clerk of the Court notified appellant that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. Appellant has not responded to this notice. Appellant has failed to either reasonably explain his failure to file a brief, file a motion for extension of time to file his brief, or file his brief.

The Court, having considered the documents on file and appellant’s failure to file his brief, is of the opinion that the appeal should be dismissed. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX . R. APP. P. 38.8(a), 42.3(b).

PER CURIAM Memorandum Opinion delivered and filed this the 24th day of April, 2008.

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