              NUMBERS 13-07-00761-CV and 13-09-00269-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
__________________________________________________________

BERRY SIMMONS AND SARAH SIMMONS,
HEIRS, AND THE HARRISON FAMILY,                                           Appellants,

                                           v.

JAMES A. BOULIGNY AND ELSIE SALLEE,                Appellees.
__________________________________________________________

             On appeal from the 130th District Court
                  of Matagorda County, Texas.
__________________________________________________________

                         MEMORANDUM OPINION

        Before Chief Justice Valdez and Justices Garza and Vela
                   Memorandum Opinion Per Curiam

      Berry Simmons and Sarah Simmons, Heirs, (“Simmons”) and the Harrison Family

(“Harrison”) perfected an appeal from a judgment entered by the 130th District Court of

Matagorda County Texas, in cause number 03-E-0287-C. The Harrison brief was due on

July 16, 2008. On March 27, 2009, the Clerk of the Court notified appellant Harrison 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 Harrison reasonably explained the failure

and the appellee was not significantly injured by the appellant's failure to timely file a brief.

Appellant Harrison has not responded.

       Appellant Harrison has failed to either reasonably explain his failure to file a brief,

file a motion for extension of time to file his brief, or file his brief. Accordingly, the Harrison

appeal, 13-07-00761-CV, is DISMISSED FOR WANT OF PROSECUTION. See TEX . R.

APP. P. 38.8(a), 42.3(b). The appeal with respect to appellants Berry Simmons and Sarah

Simmons, Heirs, is ordered SEVERED and docketed in Cause No. 13-09-00269-CV styled

Berry Simmons and Sarah Simmons, Heirs v. James A. Bouligny and Elsie Sallee, and will

proceed in due course.

                                                            PER CURIAM


Memorandum Opinion delivered and
filed this the 25th day of June, 2009.




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