Opinion issued December 10, 2009
In The
Court of Appeals
For The
First District of Texas
NO. 01-09-00100-CV
GOOD G. ANYANWU, Appellant
V.
FIA CARD SERVICES, N.A., F/K/A MBNA AMERICAN BANK, N.A., Appellee
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 886539
MEMORANDUM OPINIONAppellant, Good G. Anyanwu, failed to pay or make arrangements to pay the reporter’s fee for preparing the reporter’s record, and he was notified on July 14, 2009 that his case would be submitted on those issues or points that do not require a reporter’s record and set a deadline of August 10, 2009 for the filing of his brief. See Tex. R. App. P. 37.3(c) (no reporter’s record filed due to appellant’s fault). He was further notified that if he failed to comply with the deadline, his case could be dismissed for want of prosecution without further notice.
On September 11, 2009, the Clerk of this Court sent Anyanwu notice that his brief was late. On September 14, 2009, we granted Anyanwu’s motion for extension of time to file a brief, ordering his brief due on October 9, 2009. On October 12, 2009, Anyanwu filed a motion “asking to file a brief not more than 30 days following the filing of a brief statement of the case in lieu of the reporter’s record” accompanied by the brief statement of the case. On October 23, 2009, we denied Anyanwu’s motion to file the statement of the case in lieu of the reporter’s record and again informed him that we would consider and decide his appeal on those issues or points that do not require a reporter’s record for a decision. We set an absolute deadline of 5:00 p.m., Monday, November 2, 2009 for Anyanwu to file his brief.
Anyanwu has failed to file a brief. See Tex. R. App. P. 38.8(a)(1) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).
The appeal is dismissed for want of prosecution for failure to timely file a brief. All pending motions are denied.
PER CURIAM
Panel consists of Justices Keyes, Alcala, and Hanks.