                             NUMBER 13-09-00239-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

REAL AZTECA INN, L.L.C. AND
RICARDO DE LA MORA,                                                          Appellants,

                                            v.

FIRST VISTA INVESTMENTS, L.L.C.,                    Appellee.
____________________________________________________________

             On appeal from the 206th District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION
                 Before Justices Yañez, Benavides, and Vela
                     Memorandum Opinion Per Curiam

       The appellants' brief in the above cause was due on August 21, 2009. On October

5, 2009, 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 their brief, or file their 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
10th day of December, 2009.




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