Rodney L. Wormley and Gail E. Wormley v. Bonnet Resources Corporation as Agent for Bank One, Texas, N.A.

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-92-337-CV





RODNEY L. WORMLEY AND GAIL E. WORMLEY,



APPELLANTS



vs.





BONNET RESOURCES CORPORATION AS AGENT FOR BANK ONE, TEXAS, N.A.,



APPELLEE









FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. 494,843, HONORABLE CARL C. ANDERSON, JUDGE PRESIDING





PER CURIAM





This is a dismissal for want of prosecution.

Generally, an appellant must file his brief within thirty days after the filing of the transcript and statement of facts, if any. Tex. R. App. P. 74(k). If the appellant fails to file his brief within the prescribed time, the appellate court may dismiss the appeal for want of prosecution, unless the appellant shows a reasonable explanation for failing to file the brief and the appellee has not suffered material injury. Tex. R. App. P. 74(l)(1).

The transcript in this cause was filed on July 7, 1992. Appellants have not filed a statement of facts. Accordingly, appellants' brief was due thirty days after the filing of the transcript, on August 6, 1992. Appellants have not filed their brief. Moreover, appellants have not filed a motion for extension of time showing a reasonable explanation for this omission. See Tex. R. App. P. 74(n). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App.--Austin 1976, writ dism'd w.o.j.).



[Before Chief Justice Carroll, Justices Jones and Kidd]

Dismissed for Want of Prosecution

Filed: September 23, 1992

[Do Not Publish]