Eduardo Jacaman v. Nationstar Mortgage, LLC

NUMBER 13-20-00201-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

EDUARDO JACAMAN, Appellant, v.

NATIONSTAR MORTGAGE, LLC, Appellee. ____________________________________________________________

On appeal from the 49th District Court of Webb County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Hinojosa, and Silva Memorandum Opinion by Justice Benavides

On April 2, 2020, appellant filed a notice of appeal.1 Appellant's brief was due on November 9, 2020. On November 13, 2020, the clerk of the court notified appellant that, pursuant to Texas Rule of Appellate Procedure 38.8(a)(1), the appeal was subject to dismissal for want of prosecution, unless appellant provided a reasonable explanation for his failure to timely file a brief within ten days. See TEX. R. APP. P. 38.8(a)(1).

On November 23, 2020, appellant filed a motion to extend the deadline to file his brief. We granted the motion and ordered the brief due on January 7, 2021. Appellant failed to file a brief before the new deadline. Therefore, on January 11, 2021, the clerk of the court notified appellant that, pursuant to Texas Rule of Appellate Procedure 38.8(a)(1), the appeal was subject to dismissal for want of prosecution, unless appellant provided a reasonable explanation for his failure to timely file a brief within ten days. See TEX. R. APP. P. 38.8(a)(1).

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).

GINA M. BENAVIDES Justice

Delivered and filed on the

25th day of March, 2021.