                            NUMBER 13-05-00393-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

GENE DENNIS A/K/A GENE DENNIS VILLARREAL
AND GENE DENNIS INVESTMENT CORPORATION,                                     Appellant,

                                           v.

CRESENSIO ZUNIGA, JR. AND WIFE, MARIA ZUNIGA,      Appellees.
____________________________________________________________

           On appeal from the County Court at Law No. 2
                    of Hidalgo County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

               Before Justices Yañez, Rodriguez, and Benavides
                      Memorandum Opinion Per Curiam

      The appellant's brief in the above cause was due on September 15, 2008. On

September 23, 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, 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 2nd day of April, 2009.




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