TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-98-00273-CV
Kenneth Frisbie, Appellant
v.
State of Texas, The Cities of Plano, McKinney, Wylie, Dallas, Farmers Branch,
DeSoto, Grand Prairie, and Arlington, Texas, and Transit Authority of
Dallas, Texas, Appellees
NO. 95-08347, HONORABLE PETER M. LOWRY, JUDGE PRESIDING
Appellant Kenneth Frisbie appeals from the trial court's Interlocutory Agreed Judgment. 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 July 16, 1998. Accordingly, appellant's brief was due on Monday, August 17, 1998. See id. 38.6(a)(1). On August 25, 1998, this Court granted Appellant's First Amended Motion for Extension of Time to File Appellant's Brief, establishing a new due date of November 23, 1998.
The Clerk of this Court filed a Motion to Withdraw as Attorney for Appellant, on behalf of Steven R. Wolfson on September 3, 1998. Appellant's Motion to Withdraw as Attorney for Appellant was granted on September 18, 1998.
Thus far, appellant has not submitted a brief. Accordingly, we dismiss the appeal for want of prosecution on our own motion. Id. 42.3(b).
Before Justices Jones, B. A. Smith and Yeakel
Dismissed for Want of Prosecution
Filed: February 4, 1999
Do Not Publish