Joanne M. Olson, Individually as Wrongful Death Beneficiary of Robert D. Olson, and as Representative and of the Estate of Robert D. Olson 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.

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.