Opinion
No. 06-17-00020-CV
06-09-2017
On Appeal from the County Court at Law Rusk County, Texas
Trial Court No. 16-068P Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Mittie Fleming, DBA, filed a timely notice of appeal on December 27, 2016, and an amended notice of appeal on February 1, 2017. The clerk's record in this matter was filed on January 25, 2017, and the reporter's record was filed on March 20, 2017. The original deadline for Fleming's appellate brief was April 19, 2017. When neither a brief nor a motion to extend time for filing same was received by April 19, 2017, this Court advised Fleming by letter dated May 5, 2017, that the brief was late. We further extended the deadline for filing the brief to May 22, 2017. We warned Fleming that failure to file the brief by May 22, 2017, would subject this appeal to dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
We have received no responsive communication from Fleming and have not received her appellate brief. Having received no response to our May 5 letter, Fleming's appeal is ripe for dismissal for want of prosecution. Consequently and pursuant to Rules 38.8 and 42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
Ralph K. Burgess
Justice Date Submitted: June 8, 2017
Date Decided: June 9, 2017