Ruben Villarreal v. Texas Workers' Compensation Insurance Fund ( 2002 )

                                   NUMBER 13-02-089-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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RUBEN VILLARREAL,                                                            Appellant,

                                                   v.

TEXAS WORKERS= COMPENSATION INSURANCE FUND,           Appellee.

____________________________________________________________________

                   On appeal from the County Court at Law No. 4

                                  of Nueces County, Texas.

____________________________________________________________________

                                   O P I N I O N

         Before Chief Justice Valdez and Justices Hinojosa and Yañez  

                                       Opinion Per Curiam

Appellant, RUBEN VILLARREAL, perfected an appeal from a judgment entered by the County Court at Law No. 4 of Nueces County, Texas, in cause number 01-60762-4.  The clerk=s record was filed on February 4, 2002.  No reporter=s record was filed.   Appellant=s brief was due on March 6, 2002. 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 April 10, 2002, 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Do not publish.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 2nd day of May, 2002