                             NUMBER 13-10-00615-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

NORTHERN BUILDING COMPANY,                                                    Appellant,

                                            v.

CREAGER BROS. CONCRETE CONTRACTORS, INC.,           Appellee.
____________________________________________________________

           On Appeal from the County Court at Law No. 2
                    of Victoria County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
     Before Chief Justice Valdez and Justices Rodriguez and Benavides
                     Memorandum Opinion Per Curiam

       The appellant's brief in the above cause was due on January 22, 2011.           On

March 3, 3011, 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 its failure to file a brief, file a

motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is

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



                                                  PER CURIAM


Delivered and filed the
12th day of May, 2011.




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