IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 13, 2004
______________________________
BETTY ANN NEWBY, APPELLANT
V.
SHERIA EVANS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GEORGE RALPH NEWBY, JR., DECEASED; DAN MOSER INDIVIDUALLY AND AS TRUSTEE FOR MOSER AND STUBBLEFIELD INVESTMENTS; MOSER INVESTMENTS , APPELLEES
_________________________________
FROM THE 84TH DISTRICT COURT OF HUTCHINSON COUNTY;
NO. 35,150; HONORABLE JACK YOUNG, JUDGE
_______________________________
Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
MEMORANDUM OPINION
On December 30, 2003, the clerk of this court received a copy of a Notice of Appeal filed on behalf of appellant Betty Ann Newby. By letter dated January 5, 2004, the clerk advised appellant that a filing fee had not been received, see Tex. R. App. P. 5, nor had a docketing statement been filed. See Tex. R. App. P. 32.1. The clerk's letter likewise advised that no further action would be taken on the appeal by this Court until a filing fee had been paid and that failure to pay the filing fee may result in dismissal of the appeal. See Tex. R. App. P. 42.3.
The filing fee was not paid. By letter dated January 22, 2004, the clerk advised counsel for appellant that the filing fee had still not been paid, and that unless the filing fee was received on or before February 2, 2004, the appeal would be subject to dismissal.
The filing fee has not been paid. Accordingly, this appeal is dismissed. Tex. R. App. P. 42.3.
Phil Johnson
Chief Justice
N
Appellant Gregory Brickhouse filed a notice of restricted appeal from orders entered on December 27, 2006 in connection with a final divorce decree and child support obligations. The reporter’s record was filed in this Court on July 25, 2007, and the clerk’s record, on August 6, 2007.
By letter of September 27, 2007, this Court reminded appellant that his appellate brief was past due. The letter notified appellant that his appeal was subject to dismissal for want of prosecution unless his brief was filed, along with a motion for extension of time, by October 8, 2007. On October 2, appellant filed a motion to dismiss his appeal, but the motion was not accompanied by a certificate of conference or the required filing fee. Tex. R. App. P. 5, 10.1(a)(5). By letter dated October 23, 2007, we notified appellant that until these defects were corrected, we would not consider the motion. We also reminded appellant that his appeal remained subject to dismissal for want of prosecution.
An appellate court may dismiss an appeal for want of prosecution if an appellant fails to timely file a brief unless the appellant reasonably explains the failure and the appellee is not significantly injured by the failure. Tex. R. App. P. 38.8(a)(1). On its own motion, with ten days notice to the parties, an appellate court may dismiss a civil appeal for want of prosecution or failure to comply with a notice from the clerk requiring a response or other action within a specified time. Tex. R. App. P. 42.3(b),(c). Here the record reveals appellant Brickhouse has not filed a brief or a motion for extension by the date specified by the Court, despite notice that his failure to do so would subject the appeal to dismissal. We further find the Court has given the parties the required ten days notice.
Accordingly, we now dismiss Brickhouse’s appeal for want of prosecution and failure to comply with a notice from the Court. See Tex. R. App. P. 38.8(a)(1); 42.3(b),(c).
James T. Campbell
Justice