                             NUMBER 13-08-00098-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

HARROD'S PROPERTIES, INC.
D/B/A HOLIDAY INN, LTD.,
                                                                              Appellant,

                                            v.

HELDT ENTERPRISES, INC. D/B/A
RAINBOW INTERNATIONAL CLEANING
AND RESTORATION,                                    Appellee.
____________________________________________________________

             On appeal from the 135th District Court
                    of Victoria County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION
                  Before Justices Rodriguez, Garza, and Benavides
                         Memorandum Opinion Per Curiam

       The appellant's brief in the above cause was due on March 20, 2008. On April 2,

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. See TEX . R. APP . P. 38.8(a)(1).

Appellant failed to respond to this Court’s notice.

       On March 25, 2008, the Clerk further informed appellant that it was delinquent in

remitting a $175.00 filing fee due in our Court for the filing of the notice of appeal on

February 19, 2008, and noted that it had previously been notified that this filing fee was

due. The Clerk notified appellant that the appeal would be dismissed if the filing fee was

not paid within ten days from the date of this notice. See id. 42.3(c). Appellant failed to

pay this fee.

       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. Appellant has further failed to

pay required fees as directed by the Clerk of this Court. Accordingly, the appeal is

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


                                                                   PER CURIAM

Memorandum Opinion delivered and
filed this the 3rd day of July, 2008.




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