NUMBER 13-01-772-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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ROBERTO C. GARCIA , Appellant,
v.
ALICIA C. GARCIA , Appellee.
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On appeal from the 197th District Court
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Castillo, and Kennedy (1)
Opinion Per Curiam
Appellant, ROBERTO C. GARCIA , perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 1998-03-970-C . The clerk's record was received on January 28, 2002 . The reporter's record was received on December 21, 2001 . Appellant's brief was due on February 27, 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 October 22, 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
Opinion delivered and filed
this the 17th day of April, 2003.
1. Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. § 74.003 (Vernon 1998).