Opinion
No. 05-05-01151-CV
Opinion issued February 6, 2006.
On Appeal from the County Court at Law No. 2, Dallas County, Texas, Trial Court Cause No. CC-04-08495-B.
Dismissed.
Before Justices MORRIS, WRIGHT, and RICHTER.
MEMORANDUM OPINION
On November 22, 2005, this Court received a letter from appellant Betty D. Brooks notifying us that she would not file an appellant's brief because she did not have the "skills nor the knowledge it takes to prepare a proper brief that will be satisfactory to the Court and to correctly apply the rules and the ability to follow the direct procedures." The Court treated the letter as a motion to dismiss and dismissed the appeal.
Thereafter, the Court received a letter from appellant complaining about our action. Consequently, on January 6, 2006, we reinstated the appeal and directed appellant to file a brief by no later than January 17, 2006. We warned appellant that if she failed to file a brief within the time allowed, the appeal would be dismissed for want of prosecution without further notice. See Tex.R.App.P. 38.8(a)(1). Appellant responded with a letter in which she asserts that she has provided an "explanation to the Court as to why an [a]ppellant's brief was not filed and that reason is still true."
Under Texas Rule of Appellate Procedure 38.8(a)(1), if an appellant fails to timely file a brief, this Court may dismiss the appeal for want of prosecution "unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief." Tex.R.App.P. 38.8(a)(1).
In this case, appellant has not filed a brief. Further, her correspondence with this Court suggests she does not intend to file a brief. Under these circumstances, we DISMISS the appeal for want of prosecution. See Tex.R.App.P. 38.8(a)(1).