NUMBER 13-12-00637-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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JIM HAMILTON, TDCJ# 1079035, Appellant,
v.
BRAD LIVINGSTON, ET AL., Appellees.
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On appeal from the 36th District Court
of Bee County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Longoria
Memorandum Opinion Per Curiam
The appellant's brief in the above cause was originally due on January 16, 2013.
Appellant has previously requested and received two prior extensions of time to file the
brief. On April 26, 2013, this Court ordered the appellate brief to be filed on or before
May 24, 2013. The order notified counsel that no further extensions would be granted
and that if the brief was not filed, the appeal was subject to dismissal for want of
prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless appellant
reasonably explained the failure and the appellees were not significantly injured by the
appellant's failure to timely file a brief.
Instead of filing the brief, appellant filed a third motion for extension of time to file
the brief requesting until June 1, 2013, or in the alternative thirty days from the time the
ruling on the motion. On May 10, 2013, the Court denied appellant’s motion for
extension of time to file the brief.
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
13th day of June, 2013.
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