Opinion
No. 14-04-00385-CV
Memorandum Opinion filed October 28, 2004.
On Appeal from the 80th District Court Harris County, Texas, Trial Court Cause No. 03-36290.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices FOWLER and SEYMORE.
MEMORANDUM OPINION
This is an appeal from a judgment signed April 16, 2004. Appellant's brief was due September 6, 2004. On August 9, 2004, appellant filed a letter with the court in which he made arguments concerning his case and referred to over eighty pages of exhibits filed earlier. The court responded that if the letter were appellant's attempt to file a brief in this court, the letter did not comply with the briefing requirements contained in the Texas Rules of Appellate Procedure. Specifically, the letter is not in the correct format as required by Rule 9.4 and it does not contain the required contents listed in Rule 38.1. See TEX. R. APP. P. 9.4, 38.1.
By order issued August 19, 2004, the court directed appellant to file a brief in compliance with the Texas Rules of Appellate Procedure on or before September 6, 2004. No brief was filed. Therefore, on September 16, 2004, the court ordered that unless appellant submitted his brief, and a motion reasonably explaining why the brief was late, to the clerk of this court on or before October 15, 2004, the court would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b). To date, no brief or motion for extension of time has been filed.
Accordingly, the appeal is ordered dismissed.