Eloy Garcia and Aurora Garcia v. Compass Bank, N.A. ( 2012 )

NUMBER 13-12-00104-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ ELOY GARCIA AND AURORA GARCIA, Appellants, v. COMPASS BANK, N.A., Appellee. ____________________________________________________________ On Appeal from the 398th District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam The appellants’ brief in the above cause was due on May 2, 2012. On May 18, 2012, the Clerk of the Court notified appellant that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of the Court’s letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. To date, no response has been received from appellant. Appellants have failed to either reasonably explain their failure to file a brief, file a motion for extension of time to file a brief, or file a brief. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b). PER CURIAM Delivered and filed the 21st day of June, 2012. 2