Lilia Santiago v. Wells Fargo Bank, N.A.







NUMBER 13-04-568-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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LILIA SANTIAGO,                                                             Appellant,


v.


WELLS FARGO BANK, N.A.,                                               Appellee.

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On appeal from County Court at Law No. 5

of Nueces County, Texas.

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MEMORANDUM OPINION


Before Justices Hinojosa, Castillo, and Garza

Memorandum Opinion Per Curiam


         Appellant, LILIA SANTIAGO, perfected an appeal from a judgment entered by County Court at Law No. 5 of Nueces County, Texas, in cause number 04-61841-5. The clerk’s record was filed on March 1, 2005. No reporter’s record was filed. Appellant’s brief was due on March 31, 2005. 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 18, 2005, 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 19th day of May, 2005