






NUMBER13-06-688-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

_______________________________________________________

ROLANDO MARTINEZ CALDERONI,	Appellant,

v.

MARIO R. VILLARREAL, ET AL.	Appellees.
_______________________________________________________

On appeal from the 357th District Court
of Cameron County, Texas.
_______________________________________________________

MEMORANDUM OPINION


Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam


	Appellant, ROLANDO MARTINEZ CALDERONI, perfected an appeal from a
judgment entered by the  357th District Court of Cameron County, Texas, in cause number
2004-10-4976-E.  The clerk's record was filed on June 4, 2007, and a supplemental clerk's
record was filed on June 14, 2007.  No reporter's record was filed.  Appellant's brief was
due on July 16, 2007.  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 August 6, 2007, notice was given to all parties that this appeal was subject to
dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellant was 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 from appellant.  Appellees have filed a motion to dismiss the appeal.
	The Court, having examined and fully considered the documents on file, appellant's
failure to file a proper appellate brief, this Court's notice, appellant's failure to respond, and
appellees' motion to dismiss the appeal, is of the opinion that the appeal should be
dismissed.   Appellees' motion to dismiss the appeal is GRANTED, and the appeal is
hereby DISMISSED.
							PER CURIAM

Memorandum Opinion delivered and filed
this the 4th day of October, 2007


