Juan Bella and Sonya Bella v. Juan R. Caballero and Sylvia Caballero ( 2011 )

                                    NUMBER 13-10-00388-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

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JUAN BELLA AND SONYA BELLA,                                 APPELLANTS,

                                                             v.

JUAN R. CABALLERO AND SYLVIA CABALLERO,         APPELLEES.

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                                On appeal from the County Court

                                       of Willacy County, Texas.

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                               MEMORANDUM OPINION

                          Before Justices Garza, Vela, and Perkes

Memorandum Opinion Per Curiam

The appellants’ brief in the above cause was due on February 7, 2011.  On March 3, 2011, the Clerk of the Court notified pro se appellant Juan Bella that the brief had not been 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. 

On April 29, 2011, the Clerk of the Court notified pro se appellant Sonya Bella that the brief had not been 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 appellants.  Appellants have failed to either reasonably explain their failure to file a brief, file a motion for extension of time to file the brief, or file the 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  

23rd day of June, 2011.