Opinion
NUMBER 13-17-00551-CV
02-15-2018
JON COLLINS, AS ADMINISTRATOR OF THE ESTATE OF JAMES W. "JIM" COLLINS, Appellant, v. FALCON MOTOR COMPANY AND JAMIE LYNN SHELTON, Appellees.
On appeal from the 368th District Court of Williamson County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Contreras and Benavides
Memorandum Opinion by Chief Justice Valdez
The appellant's brief in the above cause was due on January 2, 2018. On January 12, 2018, the Clerk of the Court notified appellant that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. To date, no response has been received from appellant.
This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 R.S.).
Appellant has failed to either reasonably explain the failure to file a brief, file a motion for extension of time to file the brief, or file the brief. Accordingly the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).
/s/ Rogelio Valdez
ROGELIO VALDEZ
Chief Justice Delivered and filed the 15th day of February, 2018.