Court of Civil Appeals of Texas, 2009

Albert W. Van Cleave, Paul Jones, and Julissa Yudith Villarreal v. Margarita Duarte

Albert W. Van Cleave, Paul Jones, and Julissa Yudith Villarreal v. Margarita Duarte
Court of Civil Appeals of Texas · Decided January 22, 2009

Albert W. Van Cleave, Paul Jones, and Julissa Yudith Villarreal v. Margarita Duarte

Opinion











NUMBER 13-06-00560-CV



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS
CHRISTI - EDINBURG

ALBERT W. VAN CLEAVE, PAUL JONES,

AND JULISSA YUDITH VILLARREAL, Appellants,



v.



MARGARITA DUARTE, Appellee.

On appeal from the 285th District Court of Bexar County, Texas.

MEMORANDUM OPINION



Before Justices Rodriguez, Garza and Vela

Memorandum Opinion Per Curiam



Appellants, Albert W. Van Cleave, Paul Jones, and Julissa Yudith Villarreal, perfected an appeal from a judgment entered by the 285th District Court of Bexar County, Texas, in cause number 2003-CI-05354. Appellants' briefs were filed and received on January 22, 2007. On August 27, 2008, we found that the briefs contained formal defects, see Tex. R. App. P. 38.9, and we ordered appellants to file amended briefs. On September 30, 2008, we granted appellants an extension of time to file their briefs. No amended briefs have been filed with this Court. On October 30, 2008, appellee, Margarita Duarte, filed a motion for involuntary dismissal requesting that we dismiss the appeal or affirm the trial court's judgment.

This Court, having considered the documents on file, appellee's motion for involuntary dismissal, and appellants' failure to comply with this Court's directive of August 27, 2008, is of the opinion that the motion should be granted. The appellee's motion for involuntary dismissal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF PROSECUTION. See Tex. R. App. P. 38.8(a)(1), 42.3(b), (c).



PER CURIAM



Memorandum Opinion delivered and

filed this the 22nd day of January, 2009.

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