NUMBER 13-03-409-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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KERMIT JAMES AND ALL OCCUPANTS, Appellant,
v.
LOCH KATRINE BUSINESS PARK, L.L.P., Appellee.
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On appeal from the County Civil Court at Law No. 2
of Harris County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Hinojosa and Yañez
Memorandum Opinion Per Curiam
Appellant, KERMIT JAMES AND ALL OCCUPANTS, perfected an appeal from a judgment entered by the County Civil Court at Law No. 2 of Harris County, Texas, in cause number 792305. The clerk’s record was filed on October 2, 2003. The reporter’s record was filed on October 6, 2003. Appellant’s brief was due on November 5, 2003. 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 May 5, 2004, 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
Memorandum Opinion delivered and
filed this the 22nd day of July, 2004