Court of Civil Appeals of Texas, 2010

Michael Anthony De Los Santos v. Mary Gibson AKA Mary Molina

Michael Anthony De Los Santos v. Mary Gibson AKA Mary Molina
Court of Civil Appeals of Texas · Decided August 31, 2010

Michael Anthony De Los Santos v. Mary Gibson AKA Mary Molina

Opinion

 

 

 

 

 

 

                                       NUMBER 13-10-00198-CV

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

 

MICHAEL ANTHONY DE LOS SANTOS,                                  Appellant,

 

                                                             v.

 

MARY GIBSON AKA MARY MOLINA,                                         Appellee.

____________________________________________________________

 

                           On appeal from the 117th District Court

                                       of Nueces County, Texas.

____________________________________________________________

 

                               MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

                                                                 

The appellant's brief in the above cause was due on June 25, 2010.  On July 20, 2010, 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 the Court’s letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief.  To date, no response has been received from appellant. 

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.  Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.  See Tex. R. App. P. 38.8(a), 42.3(b).

PER CURIAM

 

Delivered and filed the

31st day of August, 2010.

 

 

 

 

 

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