Rhone v. Woodland Christian Towers

Full title: JOE RHONE, Appellant v. WOODLAND CHRISTIAN TOWERS, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Aug 7, 2003

No. 01-02-01164-CV (Tex. App. Aug. 7, 2003)

Opinion

No. 01-02-01164-CV.

Opinion issued August 7, 2003.

Appeal from the County Civil Court of Law No. 2, Harris County, Texas, Trial Court Cause No. 775647.

Joe Rhone 600 East Tidwell, Box 405 Houston, TX 77022, for appellant.

John Edward Maher 99 Detering, Suite 100 Houston, TX 77002, for appellee.

Panel consists of Justices HEDGES, HIGLEY, and WILSON.¹

1 The Honorable Davie Wilson, retired Justice, Court of Appeals for the First District of Texas at Houston, participating by assignment.

MEMORANDUM OPINION

PER CURIAM.

Appellant timely filed a notice of appeal pro se on October 30, 2002 and his brief was due on May 25, 2003. Appellee filed a motion to dismiss on February 6, 2003; this motion was denied on February 27, 2003. On February 27, 2003 we further granted appellant an extension to file the reporter's record and entitlement to proceed without advance payment of costs. Appellant failed to file his brief by May 25, 2003. On June 16, 2003, we ordered that unless, within 30 days of the date of the order, appellant filed his brief and a reasonable explanation for failure to timely file his brief, this Court would dismiss his appeal for want of prosecution. The 30 days have expired and appellant has not responded.

Accordingly, the appeal is dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1).