Robin Dutton v. Ceridian Corporation ( 2005 )

                             NUMBER 13-05-250-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

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ROBIN DUTTON,                                                      Appellant,

                                           v.

CERIDIAN CORPORATION,                                         Appellee.

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                  On appeal from the 295th District Court

                            of Harris County, Texas.

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                     MEMORANDUM OPINION

   Before Chief Justice Valdez and Justices Hinojosa and Castillo

                       Memorandum Opinion Per Curiam

Appellant, ROBIN DUTTON, perfected an appeal from a judgment entered by the   295th District Court of Harris County, Texas, in cause number 2003-65416.  The clerk=s record was filed on May 11, 2005.  No reporter=s record was filed.  Appellant=s brief was due on June 10, 2005.  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 June 16, 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 28^th day of July, 2005