                             NUMBER 13-09-00005-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

STANLEY UZOIGWE, INDIVIDUALLY
AND D/B/A PEDIATRIC PRACTICE ASSOCIATION,                                     Appellants,

                                            v.

TESORO CORPORATION D/B/A
AAA CUSTOM & ELECTRICAL SIGNS,                      Appellee.
____________________________________________________________

           On Appeal from the County Court at Law No. 4
                    of Hidalgo County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

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


       The appellant's brief in the above cause was due on June 26, 2009. On July 9,

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 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 24th day of September, 2009.




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