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Roberts v. Southland Hlth

Court of Appeals of Texas, Twelfth District, Tyler
Sep 12, 2007
No. 12-07-00228-CV (Tex. App. Sep. 12, 2007)

Opinion

No. 12-07-00228-CV

Opinion delivered September 12, 2007.

Appeal from the 159th Judicial District Court of Angelina County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


This appeal is being dismissed for want of prosecution. TEX. R. APP. P. 42.3(b). Appellant perfected his appeal on June 20, 2007. Thereafter, the clerk's record was filed on July 23, 2007, making Appellant's brief due on or before August 22, 2007. When Appellant failed to file his brief within the required time, this court notified him on August 24, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by September 4, 2007, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.

To date, Appellant has neither complied with or otherwise responded to this court's August 24, 2007 notice. Accordingly, we dismiss the appeal for want of prosecution . See TEX. R. APP. P. 38.8(a)(1), 42.3(b).


Summaries of

Roberts v. Southland Hlth

Court of Appeals of Texas, Twelfth District, Tyler
Sep 12, 2007
No. 12-07-00228-CV (Tex. App. Sep. 12, 2007)
Case details for

Roberts v. Southland Hlth

Case Details

Full title:NATHAN ROBERTS, Appellant v. SOUTHLAND HEALTH CARE CENTER, L.P., APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Sep 12, 2007

Citations

No. 12-07-00228-CV (Tex. App. Sep. 12, 2007)