NUMBER 13-04-044-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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AIDE RODRIGUEZ, Appellant,
v.
DEBORAH KOWALCZYK, Appellee.
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On appeal from County Court at Law No. 2 of Nueces County, Texas.
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MEMORANDUM OPINION
Before Justices Yañez, Rodriguez, and Castillo
Opinion Per Curiam
Appellant, AIDE RODRIGUEZ, perfected an appeal from a judgment entered by County Court at Law No. 2 of Nueces County, Texas, in cause number 00-60961-2. The clerk’s record was filed on March 10, 2004. The reporter’s record was filed on December 4, 2003. Appellant’s brief was due on April 9, 2004. 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 April 20, 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
Opinion delivered and filed
this the 20th day of May, 2004