Opinion
NUMBER 13-11-00456-CV
03-08-2012
CHRISTOPHER KEITH SCHMOTZER, Appellant, v. ROBYN MICHELLE SCHMOTZER, Appellee.
On appeal from the 85th District Court
of Brazos County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
The appellant's brief in the above cause was due on December 13, 2011. On January 11, 2012, the Clerk of the Court notified appellant that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. To date, no response has been received from appellant.
Appellant has failed to either reasonably explain his failure to file a brief, file a motion for extension of time to file his brief, or file his brief. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b). Any pending motions are dismissed as moot.
PER CURIAM