Opinion
No. 05-06-00791-CV
Opinion issued November 15, 2006.
On Appeal from the 401st Judicial District Court, Collin County, Texas, Trial Court Cause No. 401-51691-05.
Dismissed.
Before Justices MORRIS, WHITTINGTON, and RICHTER.
MEMORANDUM OPINION
This appeal has been pending since June 7, 2006. Appellant filed his original brief on July 20, 2006. Appellant's brief contained numerous deficiencies, and by letter dated July 24, 2006, we notified appellant that his brief failed to comply with Texas Rules of Appellate Procedure 38.1 (b), (c), (d), (e), (f), (h), and (j)(1)(A). We gave appellant ten days to redraft his brief to correct the deficiencies. We warned appellant that if he failed to comply with our directives within the time allowed, the appeal was subject to dismissal without further notice. On October 11, 2006, appellant filed a motion for extension of time to file his amended brief. By letter dated that same date, we directed appellant to file his amended brief within seven days. Nevertheless, to date, appellant has not filed an amended brief.
The Court now has before it appellee's October 24, 2006 "Second Motion to Dismiss for Failure to Prosecute and Failure to Timely Comply." The Court GRANTS appellee's October 24, 2006 motion to dismiss the appeal. We DENY appellee's request for damages.
We DISMISS this appeal for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(c).