Bob Looney v. Southwestern Bell Yellow Pages, Inc.

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-91-497-CV





BOB LOONEY,



APPELLANT



vs.





SOUTHWESTERN BELL YELLOW PAGES, INC.,

APPELLEE









FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. 91-5577, HONORABLE PAUL R. DAVIS, JR., 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. Ann. 74(k) (Pamph. 1991). 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. Ann. 74(l)(1) (Pamph. 1991).

The transcript in this cause was filed on November 6, 1991. Accordingly, appellant's brief was due thirty days later, on December 6, 1991. Appellant has not filed his brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for his omission. See Tex. R. App. P. Ann. 74(n) (Pamph. 1991). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App. 1976, writ dism'd w.o.j.).



[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed for Want of Prosecution

Filed: February 5, 1992

[Do Not Publish]