Maurilio Navarro and Zulema Cavazos v. National General Insurance Co. ( 2024 )

NUMBER 13-23-00453-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
MAURILIO NAVARRO AND
ZULEMA CAVAZOS, Appellants,
v.
NATIONAL GENERAL
INSURANCE CO., Appellee.
On appeal from the County Court at Law No. 9
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Longoria, Silva, and Peña
Memorandum Opinion by Justice Peña
On October 24, 2023, appellants Maurilio Navarro and Zulema Cavazos filed a
notice of appeal from an order dismissing their case against National General Insurance
Co. On November 27, 2023, the clerk’s record was filed, and the Clerk of the Court
advised appellants that the briefing time schedule had begun. Thus, appellants’ brief was
due to be filed on December 27, 2023. On January 9, 2024, the Clerk notified appellants
that their brief had not been timely filed and informed them that the appeal would be
dismissed for want of prosecution unless appellants reasonably explained their failure to
timely file a brief and the appellee would not be significantly injured by a late filing. See
TEX. R. APP. P. 38.8(a), 42.3(b), (c). Counsel for appellants has subsequently advised the
Court that they will not be filing a brief in this matter.
The Court, having examined and fully considered the foregoing sequence of
events, is of the opinion that the appeal should be dismissed for want of prosecution. See
id. R. 38.8(a); Nevarez v. Elguea, 181 S.W.3d 540, 541 (Tex. App.—El Paso 2005, no
pet.). Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P.
38.8(a)(1), 42.3(b), (c).
L. ARON PEÑA JR.
Justice
Delivered and filed on the
22nd day of February, 2024.
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