Opinion
No. 04-04-00352-CV
Delivered and Filed: November 17, 2004.
Appeal from the 45th Judicial District Court, Bexar County, Texas, Trial Court No. 95-CI-06038, Honorable Martha Tanner, Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Appellant Barry Kraft's brief was originally due on August 6, 2004. We granted Kraft two extensions, ordering him to file his brief by October 5, 2004. But, we warned that no further extensions would be granted. When Appellant's brief was not filed, we ordered Kraft to file by November 4, 2004 his appellant's brief and a written response reasonably explaining (1) his failure to timely file the brief and (2) why appellee is not significantly injured by his failure to timely file a brief. We warned that if he failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See Tex.R.App.P. 38.8(a).
Kraft has not filed a brief or a reasonable explanation and, as such, has wholly failed to comply with our order. We, therefore, dismiss this appeal for want of prosecution.