sara-dubose-v-jerry-kay-dubose-individually-and-as-co-trustee-of-the ( 2011 )

NUMBER 13-11-00209-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ SARA DUBOSE, Appellant, v. JERRY KAY DUBOSE, INDIVIDUALLY, AND AS CO-TRUSTEE OF THE DUBOSE FAMILY TRUST, & JOHN STEEN DUBOSE, INDIVIDUALLY, AND AS CO-TRUSTEE OF THE DUBOSE FAMILY TRUST, AND CHERYL DUBOSE & SAN SABA ROYALTY COMPANY, Appellees. ____________________________________________________________ On Appeal from the County Court of Gonzales County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Vela, and Perkes Memorandum Opinion Per Curiam The appellant's brief in the above cause was due on September 23, 2011. On October 5, 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 her failure to file a brief, file a motion for extension of time to file her brief, or file her 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 3rd day of November, 2011. 2