Court of Civil Appeals of Texas, 2011

Juan Bella and Sonya Bella v. Juan R. Caballero and Sylvia Caballero

Juan Bella and Sonya Bella v. Juan R. Caballero and Sylvia Caballero
Court of Civil Appeals of Texas · Decided June 23, 2011

Juan Bella and Sonya Bella v. Juan R. Caballero and Sylvia Caballero

Opinion

 

 

 

 

 

 

                                    NUMBER 13-10-00388-CV

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

 

JUAN BELLA AND SONYA BELLA,                                 APPELLANTS,

 

                                                             v.

 

JUAN R. CABALLERO AND SYLVIA CABALLERO,         APPELLEES.

____________________________________________________________

 

                                On appeal from the County Court

                                       of Willacy County, Texas.

____________________________________________________________

 

                               MEMORANDUM OPINION

 

                          Before Justices Garza, Vela, and Perkes

Memorandum Opinion Per Curiam

                                                    

The appellants’ brief in the above cause was due on February 7, 2011.  On March 3, 2011, the Clerk of the Court notified pro se appellant Juan Bella that the brief had not been 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. 

On April 29, 2011, the Clerk of the Court notified pro se appellant Sonya Bella that the brief had not been 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 appellants.  Appellants have failed to either reasonably explain their failure to file a brief, file a motion for extension of time to file the brief, or file the 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  

23rd day of June, 2011.

 

 

 

 

 

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