






NUMBER 13-07-00229-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG 

______________________________________________________________
 
LINDA DOROTHY SWANEY, 	Appellant,

v.


THOMAS EDWARD SWANEY,	Appellee. 
	____________________________________________________________

On appeal from the 377th District Court 

of Victoria County, Texas.

______________________________________________________________

MEMORANDUM OPINION

 
Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

	Appellee, Thomas Edward Swaney, has filed a motion to dismiss restricted appeal
on grounds that the appellant, Linda Dorothy Swaney, has failed to file her brief.  The
appellant's brief in the above cause was due on March 5, 2008.  On June 3, 2008, 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, appellant has neither filed her brief in this
matter nor otherwise responded to the Court's notice.
	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 appellee's
motion to dismiss restricted appeal is GRANTED and 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 18th day of September, 2008. 




 



 
