American TV/Electronics, Inc. Dba American AC & Heating v. Marcelo and Jovana Garcia Victoriano Trevino

NUMBER 13-19-00654-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ AMERICAN TV/ELECTRONICS, INC. DBA AMERICAN AC & HEATING Appellant, v.

MARCELO AND JOVANA GARCIA VICTORIANO TREVINO, Appellees. ____________________________________________________________

On appeal from the 398th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina

Memorandum Opinion by Justice Tijerina This matter is before the Court on the appellant’s failure to file a brief or reasonably explain the failure to do so. The appellant's brief in the above cause was due on June 9, 2020. On August 25, 2020, 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 the letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief.

The Clerk’s office called appellant’s counsel and was informed the case had settled. To date, no brief, response to correspondence, nor motion regarding a settlement, if any, have been received by the Court.

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).

JAIME TIJERINA Justice

Delivered and filed the 7th day of January, 2021.