Opinion
No. 12-03-00296-CV.
Opinion delivered May 28, 2004.
Appeal from the 124th Judicial District Court of Gregg County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
This appeal is being dismissed for want of prosecution. TEX. R. APP. P. 42.3(b). Appellant perfected his appeal on September 5, 2003. By way of extension, Appellant's brief was due on or before May 3, 2004. When Appellant failed to file his brief within the required time, this Court notified him on May 13, 2004 that the brief was past due and warned that if no motion for extension of time to file the brief were received by May 24, 2004, the appeal would be dismissed for want of prosecution pursuant to Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.
To date, Appellant has neither responded to the notice or filed a motion for extension of time. Accordingly, we dismiss the appeal for want of prosecution pursuant to Rules of Appellate Procedure 38.8(a)(1) and 42.3.(b).