TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-99-00399-CV
Robert Schwartz, Appellant
v.
Board of Nursing Examiners, Appellee
NO. 99-03652, HONORABLE F. SCOTT McCOWN, JUDGE PRESIDING
Because appellant Robert Schwartz has failed to file his brief, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).
The Clerk of this Court filed the clerk's record in this cause on July 15, 1999. By letter dated September 9, 1999, the Clerk of this Court notified the parties that appellant's brief was overdue and that the appeal was subject to dismissal unless appellant tendered a motion for extension of time reasonably explaining the failure to file a brief. On September 20, 1999, appellant's attorney submitted an insufficient motion for extension of time to file appellant's brief, omitting the filing fee and the certificate of conference. Id. 5, 10.1(a)(5). By letters dated September 28, 1999, and October 19, 1999, the Clerk of this Court notified all parties of these omissions, adding that this appeal would be subject to dismissal unless these deficiencies were corrected by October 29, 1999. Thus far appellant has failed to respond.
Accordingly, we dismiss the appeal for want of prosecution on our own motion. Id. 42.3(b).
Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel
Dismissed for Want of Prosecution
Filed: November 30, 1999
Do Not Publish