Opinion
No. 05-04-01040-CV
Opinion Filed April 7, 2005.
On Appeal from the County Court at Law No. 4, Dallas County, Texas, Trial Court Cause No. cc-0407289-d.
Dismiss.
Before Justices WRIGHT, MOSELEY, and LANG.
MEMORANDUM OPINION
Tanenankhaha Andrews, and only Mr. Andrews, filed a notice of appeal from a judgment rendered in cause no. cc-0407289-d, County Court at Law No. 4, Dallas County, Texas, styled "Banco Popular, N.A. v. Randal Lefler and and (sic) Other Occupants." The notice of appeal is styled "Banco Popular North America v. Randal Lefler And/or All Occupants of 13311 Sarah Lane Dallas, Texas 75353."
The notice of appeal also contains the following notation: "RE Randal Lefler and his UCC-1 Financing Statement and UCC-3 Amendment assigning all rights to Tanenankhaha Andrews to enforce all claims on contracts which are governed by Commercial law and the property located at 1018 Valdez Dallas, Texas 75253." Additionally, the record contains an "affidavit of absolute quit claim" from Randal Lefler to Tanenankhaha Andrews for the real estate described in "Patent number 336 volume 4, abstract map 716 page 786."
Appellant's brief was due to be filed in this appeal on December 8, 2004 and has not been filed. By notice dated January 10, 2005, the Court informed appellant that the time to file his brief had expired. The Court's notice instructed appellant to file his brief, with a motion for extension, within ten days and advised him that failure to due so would result in the dismissal of this appeal. Appellant has failed to file his brief or any motion for extension.
Therefore, on the Court's own motion, this appeal is DISMISSED for want of prosecution. See Tex.R.App.P.38.8(a)(1); 42.3(b),(c).
We dismiss this appeal without considering the legality or the effect of Mr. Andrews' claimed "assignment."