Opinion
No. 04-05-00678-CV
Delivered and Filed: February 15, 2006.
Appeal from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 299229, Honorable Timothy Johnson, Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On October 26, 2005, we received a letter from the court reporter, Candy Zavala, stating that she did not take a record in this case and that she had not received a designation of record from the appellant, Richard Novelo d/b/a R M International Productions. Thus, because there was no reporter's record and no designation of a reporter's record, on October 26, 2005, the clerk of this court notified appellant that his brief was due on November 28, 2005. Neither the brief nor a motion for extension of time was filed.
On January 5, 2006, we ordered Richard Novelo d/b/a R M International Productions to file, on or before January 25, 2006, 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 Novelo 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). Novelo did not file a brief or a written response. We, therefore, dismiss this appeal for want of prosecution. See id.