                             NUMBER 13-09-00085-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

MIRTA ZORILLA,                                                                Appellant,

                                            v.

LAKE JAMES RECREATIONAL FACILITIES, INC.,           Appellee.
____________________________________________________________

             On appeal from the 139th District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

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

       The appellant's brief in the above cause was due on April 16, 2009. On July 8,

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. To date, no response has been

received from appellant.

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

motion for extension of time to file her brief, or file her 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 8th day of October, 2009.




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