Finch v. Finch

Full title: Heldy Finch, Appellant v. James Arthur Finch, Appellee

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

Date published: Aug 14, 2003

No. 03-03-00114-CV (Tex. App. Aug. 14, 2003)

Opinion

No. 03-03-00114-CV

Filed: August 14, 2003

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 395TH JUDICIAL DISTRICT, No. 01-324-F395, HONORABLE MICHAEL JERGINS, JUDGE PRESIDING

Dismissed for Want of Prosecution

Before Chief Justice Law, JUSTICES B.A. SMITH and PURYEAR

MEMORANDUM OPINION

W. KENNETH LAW, Chief Justice.

The brief of appellant Heldy Finch was due May 8, 2003. By letter of May 22, 2003, appellant was notified that her brief was overdue and instructed to tender a brief with the explanation required by Rule 38 or her appeal would be dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1) (if appellant fails timely to file brief, appeal may be dismissed for want of prosecution unless appellant reasonably explains failure and appellee not significantly injured). To date, we have received no response. Accordingly, we dismiss the appeal for want of prosecution. See Tex.R.App.P. 38.8(a)(1); 42.3(b) (dismissal for want of prosecution).