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.

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                            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.