Roland Burrows v. Chrysler Motor Corporation and Killebrew, Inc. ( 2006 )

NUMBER13-05-701-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ROLAND BURROWS, Appellant,

v.

CHRYSLER MOTOR CORPORATION AND

KILLEBREW, INC., Appellees.

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On appeal from the 267th District Court of Victoria County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza Memorandum Opinion Per Curiam

Appellant, ROLAND BURROWS, perfected an appeal from a judgment entered by the 267th District Court of Victoria County, Texas, in cause number 03-4-59,541-C. The clerk's record was filed on December 27, 2005. No reporter's record was filed. Appellant's brief was due on November 13, 2006. 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 November 28, 2006, 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 21st day of December, 2006