Opinion
No. 12-03-00227-CV.
Opinion delivered November 13, 2003.
Appeal from the 17th Judicial District Court of Commission for Tarrant 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 her appeal on June 10, 2003. Thereafter, the reporter's record was filed on September 17, 2003, making Appellant's brief due on or before October 17, 2003. When Appellant failed to file her brief within the required time, this court notified her on October 23, 2003 that the brief was past due and warned that if no motion for extension of time to file the brief were received by November 3, 2003, the appeal would be dismissed for want of prosecution under Tex.R.App.P. 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for her failure to file the brief and a showing that Appellee had not suffered material injury thereby.
On October 24, 2003, Appellant tendered a motion for extension of time, but did not pay the filing fee for the motion. On that same date, this court notified her that the filing fee must be paid on or before October 31, 2003. To date, Appellant has neither responded to the notice or paid the filing fee. Accordingly, we take no action on the motion for extension of time and dismiss the appeal for want of prosecution pursuant to Tex.R.App.P. 38.8(a)(1) and 42.3.(b).