Jose Guadalupe Rubio v. Maria Luisa Rubio

NUMBER 13-17-00682-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOSE GUADALUPE RUBIO, Appellant,
v.
MARIA LUISA RUBIO, Appellee.
____________________________________________________________
On appeal from the 357th District Court
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Justices Contreras, Longoria, and Hinojosa
Memorandum Opinion by Justice Longoria
Jose Guadalupe Rubio filed a notice of appeal regarding a judgment signed on
October 30, 2017 in cause number 2016-DCL-6861 in the 357th District Court of Cameron
County, Texas. The appellant’s brief was originally due on April 9, 2018. On April 17,
2018, 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 this
letter, appellant reasonably explained the failure and the appellee was not significantly
injured by the appellant’s failure to timely file a brief. In response, appellant filed a motion
for extension of time seeking until July 8, 2018 to file his brief. This Court granted
appellant’s motion for extension of time; however, appellant did not file his brief by July
8, 2018.
On July 12, 2018, the Clerk of the Court again 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 this 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, appellant
has not filed a response to this Court’s directive or filed a brief.
Appellant has failed to either reasonably explain his 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); id. R.
42.3(b).
NORA L. LONGORIA
Justice
Delivered and filed the
9th day of August, 2018.
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