                            NUMBER 13-13-00398-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSEPH E. MCCLAIN III,                                                  APPELLANT,

                                           v.

DELL, INC. AND SEATON CORP.
D/B/A STAFF MANAGEMENT,                           APPELLEE.
____________________________________________________________

             On appeal from the 201st District Court
                    of Travis County, Texas.
____________________________________________________________

                       MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Rodriguez and Garza
                  Memorandum Opinion Per Curiam

      This appeal was transferred to this Court from the Third Court of Appeals by order

of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West Supp.

2011) (delineating the jurisdiction of appellate courts); TEX.GOV'T CODE ANN. § 73.001

(West 2005) (granting the supreme court the authority to transfer cases from one court of
appeals to another at any time that there is “good cause” for the transfer).              The

appellant's brief in the above cause was due on October 9, 2013. On October 23, 2013,

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 the 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, no response has been received

from appellant.

       Appellant 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 appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b).

                                                   PER CURIAM


Delivered and filed the
26th day of November, 2013.




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