Linda Dorothy Swaney v. Thomas Edward Swaney

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                             NUMBER 13-07-00229-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

LINDA DOROTHY SWANEY,                                                        Appellant,

                                            v.

THOMAS EDWARD SWANEY,                               Appellee.
____________________________________________________________

             On appeal from the 377th District Court
                    of Victoria County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                 Before Justices Rodriguez, Garza, and Vela
                     Memorandum Opinion Per Curiam

       Appellee, Thomas Edward Swaney, has filed a motion to dismiss restricted appeal

on grounds that the appellant, Linda Dorothy Swaney, has failed to file her brief. The

appellant's brief in the above cause was due on March 5, 2008. On June 3, 2008, the

Clerk of the Court notified appellant that the brief had not been timely filed and that the
appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate

Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellant

reasonably explained the failure and the appellee was not significantly injured by the

appellant's failure to timely file a brief. To date, appellant has neither filed her brief in this

matter nor otherwise responded to the Court’s notice.

       Appellant has failed to either reasonably explain her failure to file a brief, file a

motion for extension of time to file her brief, or file her brief. Accordingly, the appellee’s

motion to dismiss restricted appeal is GRANTED and the appeal is DISMISSED FOR

WANT OF PROSECUTION. See TEX . R. APP. P. 38.8(a), 42.3(b).



                                                    PER CURIAM


Memorandum Opinion delivered and
filed this the 18th day of September, 2008.




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