Eric John Clayfield v. Eileen "Penny" Clayfield

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN




NO. 03-00-00506-CV


Eric John Clayfield, Appellant

v.

Eileen "Penny" Clayfield, Appellee




FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 395TH JUDICIAL DISTRICT

NO. 00-050-F395, HONORABLE MICHAEL JERGINS, 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 August 1, 2000. Accordingly, appellant's brief was due on August 31, 2000.

By letter dated September 20, 2000, 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 October 2, 2000, or tendered a motion for extension of time reasonably explaining the failure to do so. Thus far, appellant has submitted neither a brief nor a motion for extension of time to file a brief.

Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).

Before Justices Jones, Kidd and Yeakel

Dismissed for Want of Prosecution

Filed: October 26, 2000

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