Rolando R. Martinez, Lorri Martinez, and All Occupants v. Wells Fargo Bank, NA ( 2014 )

NUMBER 13-14-00142-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ ROLANDO R. MARTINEZ, LORRI MARTINEZ, AND ALL OCCUPANTS, Appellants, v. WELLS FARGO BANK, NA, Appellee. ____________________________________________________________ On Appeal from the County Court at Law No. 5 of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Longoria Memorandum Opinion Per Curiam The appellants’ brief in the above cause was due on July 11, 2014. On August 6, 2014, the Clerk of the Court notified appellants 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 this letter, appellants reasonably explained the failure and the appellee was not significantly injured by the appellants’ failure to timely file a brief. To date, no response has been received from appellants. Appellants have failed to either reasonably explain their failure to file a brief, file a motion for extension of time to file the brief, or file the 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 11th day of September, 2014. 2