James Gilbert Perez v. State ( 2004 )

  NUMBER 13-03-643-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JAMES GILBERT PEREZ, ET AL.,                                       Appellants,

v.

THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 130th District Court

of Matagorda County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

         Appellants, JAMES GILBERT PEREZ, ET AL., perfected an appeal from a judgment entered by the 130th District Court of Matagorda County, Texas, in cause number 02-E-0473-C. The clerk’s record was received on October 16, 2003. No reporter’s record was filed. Appellants’ brief was due on November 17, 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 December 10, 2003, 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

Opinion delivered and filed

this the 26th day of February, 2004