NUMBER 13-13-00398-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOSEPH E. MCCLAIN III, APPELLANT,
v.
DELL, INC. AND SEATON CORP.
D/B/A STAFF MANAGEMENT, APPELLEE.
____________________________________________________________
On appeal from the 201st District Court
of Travis County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
This appeal was transferred to this Court from the Third Court of Appeals by order
of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West Supp.
2011) (delineating the jurisdiction of appellate courts); TEX.GOV'T CODE ANN. § 73.001
(West 2005) (granting the supreme court the authority to transfer cases from one court of
appeals to another at any time that there is “good cause” for the transfer). The
appellant's brief in the above cause was due on October 9, 2013. On October 23, 2013,
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 the 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, no response has been received
from appellant.
Appellant has failed to either reasonably explain his failure to file a brief, file a
motion for extension of time to file his brief, or file his 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
26th day of November, 2013.
2