Opinion
No. 10-04-00039-CV
Opinion delivered and filed September 15, 2004.
Appeal from the 87th District Court Limestone County, Texas, Trial Court # 25,125-B-1.
Appeal dismissed.
Joe Alfred Izen, Jr., Attorney at Law, Bellaire, TX, for appellant/relator.
David G. Halpern, Asst. Attorney General, Tort Litigation Section, Austin, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA
MEMORANDUM OPINION
On February 17, 2004, the Appellee Department filed a motion to dismiss this appeal for want of prosecution. After Appellant filed a response on March 12, we denied the motion on March 31.
Notwithstanding the prior motion and response and our letter to Appellant's counsel dated June 24, in which we gave notice that the appeal may be dismissed for want of prosecution if grounds for continuing it were not shown within ten days, we have heard nothing from Appellant. The clerk's record had been filed. The judgment is based on a summary judgment proceeding, and the reporter has informed us that there is no record to be filed. Appellant's brief is long overdue.
We dismiss the appeal for want of prosecution.