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

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.