Pamela Manning v. Charles Randall Cothes, Individually and D/B/A McDonald's of Beeville, McDonald's 6798, McDonalds Corp. 042/0323

NUMBER 13-16-00425-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ PAMELA MANNING, Appellant, v.

CHARLES RANDALL COTHES,

INDIVIDUALLY AND D/B/A

MCDONALD'S OF BEEVILLE,

MCDONALD'S #6798, MCDONALDS

CORP. 042/0323, Appellees. ____________________________________________________________ On appeal from the 36th District Court of Bee County, Texas. ____________________________________________________________ MEMORANDUM OPINION

Before Justices Garza, Perkes, and Longoria Memorandum Opinion Per Curiam

The appellant’s brief in the above cause was due on September 19, 2016. On October 3, 2016, 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 the 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

10th day of November, 2016.