Beatrice Quintanilla v. Bobby G. Burrows, Sr. ( 2005 )

                             NUMBER13-05-425-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

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BEATRICE QUINTANILLA,                                          Appellant,

                                           v.

BOBBY G. BURROWS, SR., ET AL.,                             Appellees.

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                  On appeal from the 139th District Court

                           of Hidalgo County, Texas.

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                     MEMORANDUM OPINION

              Before Justices Rodriguez, Castillo, and Garza

                       Memorandum Opinion Per Curiam

Appellant, BEATRICE QUINTANILLA, perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-458-02-C.  The clerk=s record was filed on August 1, 2005.  The reporter=s record was filed on September 13, 2005. Appellant=s brief was due on October 13, 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 October 31, 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 1st day of December, 2005