Opinion
No. 10-03-142-CV
Opinion delivered and filed August 27, 2003
From the County Court at Law No. 1, McLennan County, Texas, Trial Court # 20030039 CV1.
Dismissed for want of prosecution
Ida N. Pinkard, Pro Se, Waco, Tx, for appellant.
William F. Brown, Attorney at Law, Waco, TX, for appellee.
Before Justice Vance, Justice Gray, and Senior Justice Hill (Sitting by Assignment)
MEMORANDUM OPINION
Ida N. Pinkard filed suit in small claims court against Connie Hines dba Town Country Used Cars to recover $1,000 for a used automobile which allegedly operated only one week. The small claims court rendered a default judgment in Pinkard's favor. Hines appealed to the County Court at Law. Following a bench trial, that court rendered a take-nothing judgment in Hines's favor.
Pinkard timely filed a notice of appeal. The clerk's record was filed in this Court on May 1, 2003, and the reporter's record was filed on June 2. Accordingly, Pinkard's brief was due on July 2. See Tex.R.App.P. 38.6(a). To date, no appellant's brief has been filed.
Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file a brief, the Court may:
dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief.
Id. 38.8(a)(1).
The Clerk of this Court sent the following notice to Pinkard on July 25, 2003:
Pursuant to Rules 38.8(a)(1) and 42.3 of the Texas Rules of Appellate Procedure, you are notified that the Court may dismiss this appeal for want of prosecution unless, within ten days of this letter, the appellant or any party desiring to continue the appeal files with this court a response showing grounds for continuing the appeal.
The Court has received no response. Therefore, this appeal is dismissed for want of prosecution.