Jose Luis Garcia v. Gillman Automotive F/K/A Kellogg Chevrolet of Harlingen

                             NUMBER 13-11-00014-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSE LUIS GARCIA,                                                             Appellant,

                                            v.

GILLMAN AUTOMOTIVE F/K/A KELLOGG
CHEVROLET OF HARLINGEN,                             Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 2
                  of Cameron County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION
  Before Chief Justice Valdez and Justices Rodriguez and Benavides
                  Memorandum Opinion Per Curiam
       The appellant's brief in the above cause was due on March 9, 2011. On May 4,

2011, 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, 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
21st day of July, 2011.




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