Raul Alaniz v. Univision, D/B/A Entravision Communications Co., L.L.P. D/B/A Valley Ch. 48, Inc. ( 2003 )

NUMBER 13-03-450-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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RAUL ALANIZ, Appellant,

v.

UNIVISION D/B/A ENTRAVISION COMMUNICATIONS

CO., L.L.P., D/B/A VALLEY CH. 48, INC., 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 Opinion Per Curiam

Appellant, RAUL ALANIZ, perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-892-00-C-1. The clerk's record was filed on August 12, 2003. The reporter's record was filed on August 29, 2003. Appellant's brief was due on October 11, 2003. 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 4, 2003, 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 from appellant has been received. Appellees have filed a motion for involuntary dismissal of the appeal.

The Court, having examined and fully considered the documents on file, appellant's failure to file a proper appellate brief, this Court's notice, appellant's failure to respond, and appellees' motion to dismiss, is of the opinion that the appeal should be dismissed for want of prosecution. Appellees' motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Opinion delivered and filed

this the 26th day of November, 2003