Issac Garcia v. Marissa Cabrera

                             NUMBER 13-11-00312-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

ISSAC GARCIA,                                                            APPELLANT,

                                            v.

MARISSA CABRERA,                                  APPELLEE.
____________________________________________________________

          On appeal from the County Court at Law No. 4
                   of Hidalgo County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
       Before Chief Justice Valdez and Justices Rodriguez and Garza
                     Memorandum Opinion Per Curiam


      The appellant's brief in the above cause was originally due on January 9, 2013.

Appellant has previously requested and received three extensions of time to file the brief.

On August 30, 2013, this Court ordered the appellate brief to be filed on or before
September 6, 2013. The order notified counsel that the Court would look with disfavor

upon any further extensions.

       On October 1, 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 and the brief has not been filed.

       Appellant has failed to file his brief. Accordingly, the appeal is DISMISSED FOR

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



                                                 PER CURIAM


Delivered and filed the
14th day of November, 2013.




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