Jose Cavazos and Oralia Cavazos v. Graciela Estrada Castellanos

NUMBER 13-12-00202-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ JOSE CAVAZOS AND ORALIA CAVAZOS, Appellants, v.

GRACIELA ESTRADA CASTELLANOS, Appellee. ____________________________________________________________

On appeal from the 93rd District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes

Memorandum Opinion Per Curiam The appellants’ brief in the above cause was due on June 25, 2012. On July 3, 2012, the Clerk of the Court notified appellants 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, appellants reasonably explained the failure and the appellee was not significantly injured by the appellants’ failure to timely file a brief. To date, no response has been received from appellant.

On April 25, 2012, the Clerk of the Court notified appellants that they were delinquent in remitting a $175.00 filing fee. The Clerk of this Court notified appellants that the appeal was subject to dismissal if the filing fee was not paid within ten days from the date of receipt of this letter. See TEX. R. APP. P. 37.3, 42.3(b),(c).

Appellants have failed to pay the filing fee and 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),(c).

PER CURIAM Delivered and filed the 16th day of August, 2012.