Ignacio Chavez, Individually and on Behalf of the Estate of Esther F. Chavez v. Alfonso Ochoa, M.D. ( 2004 )

NUMBER 13-03-515-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IGNACIO CHAVEZ, INDIVIDUALLY AND ON BEHALF

OF THE ESTATE OF ESTHER F. CHAVEZ, ET AL., Appellants,

v.

ALFONSO OCHOA, M.D., Appellee.

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On appeal from the 332nd District Court of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza Opinion Per Curiam

Appellants, IGNACIO CHAVEZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF ESTHER F. CHAVEZ, ET AL., perfected an appeal from a judgment entered by the 332nd District Court of Hidalgo County, Texas, in cause number C-1938-00-F(1). The clerk's record was filed on December 22, 2003. No reporter's record was filed. Appellants' brief was due on January 21, 2004. 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 February 4, 2004, 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 11th day of March, 2004.