Scott P. Ogle v. Bonilla, Ogle & Perschbach

 

 

 

 

 

 

                             NUMBER13-06-046-CV

 

                         COURT OF APPEALS

 

               THIRTEENTH DISTRICT OF TEXAS

 

                  CORPUS CHRISTI - EDINBURG

__________________________________________________________________

 

SCOTT P. OGLE,                                                     Appellant,

 

                                           v.

 

BONILLA, OGLE & PERSCHBACH, ET AL.,                    Appellees.

__________________________________________________________________

 

                  On appeal from the 319th District Court

                           of Nueces County, Texas.

__________________________________________________________________

 

                     MEMORANDUM OPINION

 

              Before Justices Rodriguez, Castillo, and Garza

                       Memorandum Opinion Per Curiam

 


Appellant, SCOTT P. OGLE, perfected an appeal from a judgment entered by the   319th District Court of Nueces County, Texas, in cause number 02-2429-G.  The clerk=s record was filed on January 26, 2006.  No reporter=s record was filed.  Appellant=s brief was due on February 27, 2006.  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 March 17, 2006, 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 1st day of June, 2006