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Tx. D.P.S. v. Becknal

Court of Appeals of Texas, Twelfth District, Tyler
May 7, 2008
No. 12-08-00066-CV (Tex. App. May. 7, 2008)

Opinion

No. 12-08-00066-CV

Opinion delivered May 7, 2008.

Appeal from the 74th Judicial District Court of Smith County, Texas.

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


MEMORANDUM OPINION


This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant perfected its appeal on February 8, 2008. Thereafter, the reporter's record was filed on March 18, 2008, making Appellant's brief due on or before April 17, 2008. When Appellant failed to file its brief within the required time, this court notified it on April 23, 2008 that the brief was past due and warned that if no motion for extension of time to file the brief was received by May 5, 2008, 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 its 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 April 23, 2008 notice. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3.(b).


Summaries of

Tx. D.P.S. v. Becknal

Court of Appeals of Texas, Twelfth District, Tyler
May 7, 2008
No. 12-08-00066-CV (Tex. App. May. 7, 2008)
Case details for

Tx. D.P.S. v. Becknal

Case Details

Full title:TEXAS DEPARTMENT OF PUBLIC SAFETY, APPELLANT v. BRENDA BECKNAL, APPELLEE

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

Date published: May 7, 2008

Citations

No. 12-08-00066-CV (Tex. App. May. 7, 2008)