Charles Childers v. Janis N. Robbins

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-99-00072-CV


Charles Childers, Appellant

v.



Janis N. Robbins, Appellee






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. 97-14174, HONORABLE ERNEST C. GARCIA, JUDGE PRESIDING


PER CURIAM

Because appellant has failed to file a 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 March 25, 1999. Accordingly, appellant's brief was due on April 26, 1999.

By letter dated June 21, 1999, the Clerk of this Court notified the parties that the appeal was subject to dismissal for want of prosecution unless appellant filed a brief by July 2, 1999, or tendered a motion for extension of time reasonably explaining the failure to do so. On June 29, 1999, appellant submitted a motion for extension of time to file appellant's brief with this Court. The motion contained neither the required filing fee, the certificate of service, nor the certificate of conference. By letter dated September 17, 1999, and again on September 30, 1999, after ascertaining appellant's recent change of address, the Clerk of this Court notified the parties of these omissions and that the filing fee, certificate of service, and certificate of conference were due to be filed in this Court by October 11, 1999, or the motion for extension of time would be dismissed and the appeal may be subject to dismissal for want of prosecution. Appellant responded in a letter filed in this Court on October 11, 1999, failing to submit the filing fee, certificate of service, and certificate of conference.

Accordingly, the motions for extension of time to file appellant's brief are dismissed. Without a valid motion for extension of time to file appellant's brief, appellant's brief remains past due.

We dismiss the appeal for failure to comply with the request of the Clerk of this Court and for want of prosecution on our own motion. Id. 42.3(b), (c).



Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

Dismissed for Want of Prosecution

Filed: October 28, 1999

Do Not Publish