|
|
NUMBER 13-10-00647-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOANNE M. OLSON, INDIVIDUALLY
AS WRONGFUL DEATH BENEFICIARY
OF ROBERT D. OLSON, AND AS
REPRESENTATIVE AND EXECUTRIX
OF THE ESTATE OF ROBERT D. OLSON, APPELLANT,
v.
VALLEY REGIONAL MEDICAL CENTER
IN ITS ASSUMED OR COMMON NAME;
BROWNSVILLE-VALLEY REGIONAL
MEDICAL CENTER, INC.,
BROWNSVILLE-VALLEY REGIONAL
MEDICAL CENTER, INC., D/B/A VALLEY
REGIONAL MEDICAL CENTER; AND
COLUMBIA VALLEY HEALTHCARE SYSTEM, L.P., APPELLEES.
____________________________________________________________
On appeal from the 445th District Court
of Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Garza, Vela, and Perkes
Memorandum Opinion Per Curiam
This cause is before the Court on appellees’ motion to dismiss appeal for want of prosecution. The appellant's brief in the above cause was due on February 18, 2011. On March 3, 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, appellees’ motion to dismiss is GRANTED and 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 April, 2011.