State v. Monte Story

State v. Story et al






IN THE

TENTH COURT OF APPEALS


No. 10-95-035-CV


     THE STATE OF TEXAS,

                                                                                              Appellant

     v.


     MONTE STORY, ET AL.,

                                                                      

                                                                                              Appellees


From the County Court at Law

Ellis County, Texas

Trial Court # C-2543

                                                                                                    


MEMORANDUM OPINION

                                                                                                    


      The State appealed from a judgment in the amount of $109,545.75 awarded to Monte Story and Fleeta Spencer as compensation for property the State condemned. The transcript was filed in this court on May 12, 1995, and the Statement of Facts was filed on May 26. Although the State's brief was due on July 14, no appellant's brief has been filed. See Tex. R. App. P. 74(k). Appellate Rule 74(l)(1) provides:

Civil Cases. In civil cases, when the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless reasonable explanation is shown for such failure and that appellee has not suffered material injury thereby. The court may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.

Id. 74(l)(1).

      More than thirty days have passed since the State's brief was due. We notified the State of this defect by letter on August 3. See id. 60(a)(2), 83. It has not responded to our letter showing grounds for continuing the appeal nor has it provided a reasonable explanation for failing to file a brief. Therefore, this appeal is dismissed for want of prosection. See id. 74(l)(1).

                                                                               PER CURIAM


Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed for want of prosecution

Opinion delivered and filed August 31, 1995

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0;                 VIC HALL

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