Elsa Slaney v. Renee M. Livesay and Keith Livesay ( 2005 )

                             NUMBER 13-04-636-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

______________________________________________________ _

ELSA SLANEY, ET AL.,                                            Appellants,

                                           v.

RENEE M. LIVESAY AND KEITH LIVESAY,                    Appellees.

______________________________________________________ _

                On appeal from County Court at Law No. 2

                           of Hidalgo County, Texas.

_______________________________________________________

                     MEMORANDUM OPINION

                Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellants, ELSA SLANEY, ET AL., perfected an appeal from a judgment entered by County Court at Law No. 2 of Hidalgo County, Texas, in cause number CL-04-582-B.  The clerk=s record was filed on December 3, 2004.  The reporter=s record was filed on December 17, 2004. Appellants= brief was due on June 30, 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 August 1, 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 30th day of August, 2005