Sandra J. Da Costa v. Arturo Da Costa ( 2005 )

  NUMBER 13-03-540-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

SANDRA J. DA COSTA,                                                    Appellant,

v.

ARTURO DA COSTA,                                                         Appellee.

_________________________________________________________

On appeal from the 197th District Court

of Cameron County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, SANDRA J. DA COSTA, perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2002-10-3931-C. The clerk’s record was filed on February 26, 2004. No reporter’s record was filed. Appellant’s brief was due on March 29, 2004. To date, no appellate brief has been received.

         When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant’s failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

         On February 23, 2005, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.

         The Court, having examined and fully considered the documents on file, appellant’s failure to file a proper appellate brief, this Court’s notice, and appellant’s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

                                                               PER CURIAM

Memorandum Opinion delivered and filed

this the 7th day of April, 2005