Court of Civil Appeals of Texas, 2011

Jose Luis Garcia v. Gillman Automotive F/K/A Kellogg Chevrolet of Harlingen

Jose Luis Garcia v. Gillman Automotive F/K/A Kellogg Chevrolet of Harlingen
Court of Civil Appeals of Texas · Decided July 21, 2011

Jose Luis Garcia v. Gillman Automotive F/K/A Kellogg Chevrolet of Harlingen

Opinion

NUMBER 13-11-00014-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ JOSE LUIS GARCIA, Appellant, v. GILLMAN AUTOMOTIVE F/K/A KELLOGG CHEVROLET OF HARLINGEN, Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 2 of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam The appellant's brief in the above cause was due on March 9, 2011. On May 4, 2011, 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. 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 21st day of July, 2011.

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