Restrepo, Ofelia Cabrera v. Restrepo, Carlos Armando ( 2001 )

NUMBER 13-00-314-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

OFELIA CABRERA RESTREPO

, Appellant,

v.

CARLOS ARMANDO RESTREPO

, Appellee.

____________________________________________________________________

On appeal from the 138th District Court of Cameron County, Texas.

____________________________________________________________________

O P I N I O N

Before Justices Dorsey, Rodriguez, and Castillo Opinion Per Curiam

Appellant, OFELIA CABRERA RESTREPO, perfected an appeal from a judgment entered by the 138th District Court of Cameron County, Texas, in cause number 99-01-25-B. The clerk's record was filed on August 9, 2000. The reporter's record was filed on September 7, 2000. Appellant's brief was due on December 15, 2000. 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 January 5, 2001, 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

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 25^th day of January, 2001