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NUMBER 13-02-115-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
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GERONIMO EDELMIRO HERNANDEZ, Appellant,
v.
GILBERTO FALCON AND WIFE, ELMA FALCON, Appellees.
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On appeal from the 92nd District Court
of Hidalgo County, Texas.
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O P I N I O N
Before Chief Justice Valdez and Justices Hinojosa and Yanez
Opinion Per Curiam
Appellant, GERONIMO EDELMIRO HERNANDEZ, perfected an appeal from a judgment entered by the 92nd District Court of Hidalgo County, Texas, in cause number C-2395-97-A. The clerk=s record was filed on March 22, 2002. No reporter=s record was filed. Appellant=s brief was due on April 22, 2002. To date, no appellate brief has been received.
When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant=s failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).
On September 16, 2002, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.
The Court, having examined and fully considered the documents on file, appellant=s failure to file a proper appellate brief, this Court=s notice, and appellant=s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.
PER CURIAM
Do not publish.
Tex. R. App. P. 47.3.
Opinion delivered and filed
this the 24th day of October, 2002