TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-00-00049-CV
McRae Drilling, Inc., Appellant
v.
Trinidad Petroleum, Inc., Appellee
NO. 98-1161, HONORABLE GARY L. STEEL, JUDGE PRESIDING
Appellee has filed an unopposed motion to dismiss appeal. Because appellant has failed to pay filing fees and to file a brief, we will grant appellee's motion and dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), (c).
The Clerk of this Court filed the clerk's record in this cause on January 20, 2000, and the reporter's record on February 24, 2000. Accordingly, appellant's brief was due on Monday, March 27, 2000. See id. 38.6(a).
By letter dated April 10, 2000, the Clerk of this Court notified the parties that the filing fees for this appeal were due and that the appeal would be dismissed if these fees were not paid by April 17, 2000. By letter dated April 12, 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 April 27, 2000, or tendered a motion for extension of time reasonably explaining the failure to do so. Thus far, appellant has submitted neither the filing fees, a brief, nor a motion for extension of time to file a brief.
On May 3, 2000, Appellee filed an unopposed motion to dismiss this appeal for want of prosecution pursuant to Tex. R. App. P. 42.3(b), (c). We grant appellee's motion and dismiss the appeal for want of prosecution. See id. 42.3(b), (c).
Before Chief Justice Aboussie, Justices Kidd and Smith
Dismissed for Want of Prosecution on Appellee's Motion
Filed: May 25, 2000
Do Not Publish