NO. 07-09-0112-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 24, 2009
______________________________
TERRY LYNN SMITH,
Appellant
V.
ROY CLINTON FARRELL, JR., individually and as
Trustee of the Roy Farrell Jr. Separate Trust,
Appellee
_________________________________
FROM THE 46th DISTRICT COURT OF WILBARGER COUNTY;
NO. 24,777; HONORABLE DAN MIKE BIRD, JUDGE
_______________________________
MEMORANDUM OPINION
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Terry Lynn Smith (appellant) filed a pro se notice of appeal in effort to contest the
final summary judgment entered by the trial court in favor of Roy Clinton Farrell, Jr.,
individually and as trustee of the Roy Farrell Jr. Separate Trust. We dismiss the appeal.
The clerk’s record was filed with this court on April 6, 2009. Being an appeal from
a summary judgment, no reporter’s record was necessary. See TEX . R. CIV. P. 166a(c)
(stating that no oral testimony shall be received at a summary judgment hearing); Lake v.
McCoy, 188 S.W.3d 376, 378 (Tex. App.–Dallas 2006, no pet.) (stating the same). So,
appellant’s brief fell due on May 6, 2009. It was not received, however. By letter dated
May 19, 2009, we notified appellant that the due date for the brief had lapsed, that the brief
had not been filed, and that no motion to extend the deadline had been received by the
court. Citing TEX . R. APP. P. 38.8, the letter also notified appellant that the appeal would
be subject to dismissal unless a response reasonably explaining his failure to file a brief
was submitted by May 29, 2009. On May 28, 2009, appellant filed a request for an
extension of time to file his brief, which was granted to June 22, 2009. The Court’s letter
also stated that if appellant’s brief was not filed by June 22, 2009, the appeal would be
dismissed for want of prosecution. No brief has been filed.
Accordingly, we dismiss the appeal for want of prosecution. TEX . R. APP. P.
38.8(a)(1); 42.3(b).
Per Curiam
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