Opinion
No. 04-05-00636-CV
Delivered and Filed: June 14, 2006.
Appeal from the 198th Judicial District Court, Kerr County, Texas, Trial Court No. 04-255-B, Honorable V. Murray Jordan, Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On January 31, 2006, this court allowed appellants' counsel to withdraw. Appellants' brief was due to be filed by February 24, 2006. Neither the brief nor a motion for extension of time were filed. Accordingly, on March 10, 2006, this court ordered appellants to file a motion to extend and their brief no later than April 10, 2006. We cautioned appellants that, if their brief was not filed by April 10, 2006, this appeal would be subject to dismissal for want of prosecution. See Tex.R.App.P. 38.8(a).
On March 16, 2006, appellants filed a motion for extension of time, requesting an extension until September 15, 2006. Appellants cited ill health, that counsel has withdrawn, they have not yet obtained their files from previous counsel, and the need for time to "find and bring up to speed new counsel." On March 21, 2006, this court granted the motion, in part, and ordered appellants to file their brief no later than May 10, 2006. Our order also stated that no further extensions would be granted, and, if appellants' brief was not filed by May 10, 2006, this appeal would be subject to dismissal for want of prosecution. See Tex.R.App.P. 38.8(a). The brief has not been filed.
On May 18, 2006, this court ordered appellants to show cause no later than May 29, 2006 why this appeal should not be dismissed for want of prosecution. See Tex.R.App.P. 38.8(a). Appellants did not respond. The appeal is dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellants.