Opinion
No. 01-08-00044-CV
Opinion issued January 8, 2009.
On Appeal from the 295th District Court Harris County, Texas, Trial Court Cause No. 2005-01563.
Panel consists of Justices TAFT, HIGLEY, and BLAND.
MEMORANDUM OPINION
We dismiss the appeal for want of prosecution.
On December 19, 2007, the trial court signed a judgment in favor of appellee. Appellant, Roy G. Horridge a/k/a Roy G. Horridge, Jr. (Horridge), acting pro se, timely filed a notice of appeal. The record was filed and appellant's brief became due, but no appellant's brief has been filed. On May 13, 2008, appellee, Chase Equipment Leasing, filed a suggestion of death, calling to this Court's attention the death of appellant on April 6, 2008.
This Court has made numerous unresponded to written inquiries to Horridge's last known address seeking to discover whether there would be an administration of Horridge's estate and whether there would be a legal successor to Horridge who would prosecute the appeal to conclusion. Horridge's trial counsel in this matter informs this Court that there will be no administration of Horridge's estate, and that there is no further intent to prosecute the appeal.
Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b).