Opinion
No. 04-06-00357-CV
Delivered and Filed: November 29, 2006.
Appeal from the 57th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-PA-00513, Honorable Joe Frazier Brown, Jr., Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On September 5, 2006, appellant's motion for extension of time to file his brief was granted in part and appellant was given until September 19, 2006 in which to file a response. On September 11, 2006, appellant's trial counsel filed a notice of non-representation providing the court with a copy of the trial court order and appellant's last known address. Appellant's brief was due to be filed by September 19, 2006. Neither the brief nor a motion for extension of time were filed. On October 4, 2006, we ordered appellant to show cause in writing no later than November 3, 2006 why this appeal should not be dismissed for want of prosecution. See Tex.R.App.P. 38.8(a). We warned appellant that if no brief was filed, this court would dismiss this cause of action for want of prosecution in accordance with Tex.R.App.P. 38.8(a). Appellant did not respond. The appeal is therefore dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.