Christopher Keith Schmotzer v. Robyn Michelle Schmotzer

NUMBER 13-11-00456-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ CHRISTOPHER KEITH SCHMOTZER, Appellant, v.

ROBYN MICHELLE SCHMOTZER, Appellee. ____________________________________________________________

On appeal from the 85th District Court of Brazos County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes

Memorandum Opinion Per Curiam The appellant's brief in the above cause was due on December 13, 2011. On January 11, 2012, 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).

Any pending motions are dismissed as moot.

PER CURIAM Delivered and filed the 8th day of March, 2012.