Coursey v. Rodman Constr. Co.

Full title: Howard Coursey d/b/a C H Custom Construction, Appellant v. Rodman…

Court: Court of Appeals of Texas, Third District, Austin

Date published: May 28, 2009

No. 03-08-00668-CV (Tex. App. May. 28, 2009)

Opinion

No. 03-08-00668-CV

Filed: May 28, 2009.

Appealed from the District Court of Williamson County, 277th Judicial District No. 07-659-C277, Honorable Ken Anderson, Judge Presiding.

Dismissed for Want of Prosecution.

Before Justices PATTERSON, PEMBERTON and WALDROP.

MEMORANDUM OPINION

BOB PEMBERTON, Justice.

Appellant's brief was due in this Court on March 6, 2009 and is overdue. If an appellant fails to file a brief, this Court may dismiss the appeal for want of prosecution unless the appellant reasonably explains the failure and appellee is not significantly injured by that failure. See Tex. R. App. P. 38.8(a)(1). On March 26, 2009, we sent notice to appellant that his brief was overdue and that the appeal may be dismissed if appellant did not submit a proper motion to this Court on or before April 6, 2009. To date, no brief or motion for extension of time has been filed. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).