                           NUMBER 13-09-00081-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

ED CAREY DEVELOPMENT, L.P., ET AL.,                                     Appellants,

                                          v.

FROST NATIONAL BANK,                                Appellee.
____________________________________________________________

             On appeal from the 404th District Court
                   of Cameron County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION

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

      The appellants’ briefs in the above cause were due on June 29, 2009.         On

September 15, 2009, the Clerk of the Court notified appellants Ed Carey Development,

L.P., Southwest Ed Carey, L.L.C., Anthony de Ponce, Eliud Garcia, Heriberto Gutierrez,
Paulrajan Manoharan, Ruy Mireles, Ramachadran Raju, Fabio Ramos, Jairo Rodriguez,

Manuel J. Sanchez and Adrian Gracia 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,

appellants reasonably explained the failure and the appellee was not significantly injured

by the appellants’ failure to timely file a brief. To date, no response has been received

from appellants.

       Appellants have failed to either reasonably explain their failure to file a brief, file a

motion for extension of time to file their briefs, or file their briefs. 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 5th day of November, 2009.




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