Real Azteca Inn, L. L. C. and Ricardo De La Mora v. First Vista Investments, L. L. C.











NUMBER 13-09-00239-CV



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG

______________________________________________________________

REAL AZTECA INN, L.L.C. AND

RICARDO DE LA MORA, Appellants,



v.



FIRST VISTA INVESTMENTS, L.L.C., Appellee.

____________________________________________________________



On appeal from the 206th District Court

of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Benavides, and Vela

Memorandum Opinion Per Curiam



The appellants' brief in the above cause was due on August 21, 2009. On October 5, 2009, the Clerk of the Court notified appellants 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, appellants reasonably explained the failure and the appellee was not significantly injured by the appellants' failure to timely file a brief. To date, no response has been received from appellants.

Appellants have failed to either reasonably explain their failure to file a brief, file a motion for extension of time to file their brief, or file their brief. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See Tex. R. App. P. 38.8(a), 42.3(b).

PER CURIAM



Delivered and filed the

10th day of December, 2009.