Opinion
No. 04-03-00775-CV
Delivered and Filed: May 19, 2004.
Appeal from the 234th Judicial District Court, Harris County, Texas Trial Court No. 2001-61841, Honorable Bruce Oakley, Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Alma L. LóPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
Appellant's brief was originally due on November 24, 2003. On March 3, 2004, this court dismissed appellant's appeal as to appellee, Tara McDonald-Morrison, M.D. In our opinion of dismissal, we ordered appellant to file, no later than March 29, 2004, her appellate brief as to her appeal from the judgment in favor of appellee, Becky L. McGraw-Wall, M.D., or the appeal would be subject to dismissal. Neither the brief nor a motion for extension of time have been filed. Accordingly, on April 16, 2004, this court ordered appellant to show cause in writing no later than April 26, 2004 why this appeal should not be dismissed for want of prosecution. See Tex.R.App.P. 38.8(a). Appellant did not respond. On April 12, 2004, appellee, Becky L. McGraw-Wall, M.D., filed a motion to dismiss, citing appellant's failure to prosecute this appeal.
Appellee's motion to dismiss is granted. The appeal is dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.