Homer Salazar, Jr., D/B/A Nicoles Transportation v. Sunline Commercial Carriers, Inc. ( 2005 )

                             NUMBER 13-04-669-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________ _________________________________

HOMER SALAZAR, JR., D/B/A NICOLES

TRANSPORTATION, ET AL.,                                     Appellants,

                                           v.

SUNLINE COMMERCIAL CARRIERS, INC.,                     Appellee.

__________________________ ________________________________________

             On appeal from the County Court at Law No. 2

                          of Cameron County, Texas.

________________ __________________________________________________

                     MEMORANDUM OPINION

                Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellants, HOMER SALAZAR, JR., D/B/A NICOLES TRANSPORTATION, ET AL., perfected an appeal from a judgment entered by the County Court at Law No. 2 of Cameron County, Texas, in cause number 2002-CCL-00719-B.  The clerk=s record was filed on March 7, 2005.  The reporter=s record was filed on March 17, 2005.  Appellants= brief was due on July 15, 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 July 22, 2005, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellants were 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, appellants= failure to file a proper appellate brief, this Court=s notice, and appellants= 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 31st day of August, 2005