Court of Civil Appeals of Texas, 2011

Northern Building Company v. Creager Bros. Concrete Contractors, Inc.

Northern Building Company v. Creager Bros. Concrete Contractors, Inc.
Court of Civil Appeals of Texas · Decided May 12, 2011

Northern Building Company v. Creager Bros. Concrete Contractors, Inc.

Opinion

 

 

 

 

 

 

                                       NUMBER 13-10-00615-CV

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

 

NORTHERN BUILDING COMPANY,                                            Appellant,

 

                                                             v.

 

CREAGER BROS. CONCRETE CONTRACTORS, INC.,            Appellee.

____________________________________________________________

 

                      On Appeal from the County Court at Law No. 2

                                        of Victoria 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 January 22, 2011.   On March 3, 3011, 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 its 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

12th day of May, 2011.

 

 

 

 

 

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