                             NUMBER 13-08-00135-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

SERGIO SIERRA,                                                               Appellant,

                                            v.

LAGO VIEJO SOUTH HOMEOWNERS ASSOCIATION,
INC. AND WILLIAM F. KIMBALL, TRUSTEE,              Appellees.
____________________________________________________________

  On appeal from the 197th District Court of Cameron County, Texas
______________________________________________________________

                         MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Yañez and Benavides
                  Memorandum Opinion Per Curiam

      The appellant's brief in the above cause was originally due on July 25, 2008. The

appellant has previously requested and received four prior extensions of time, granting the

appellant until October 19, 2008, to file the brief. On January 15, 2009, 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. 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

Memorandum Opinion delivered and
filed this the 12th day of March, 2009.




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