Jeremy Paul Carrell v. State

 

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00290-CR

 

Jeremy Paul Carrell,

                                                                                    Appellant

 v.

 

The State of Texas,

                                                                                    Appellee

 

 


From the County Court at Law

Walker County, Texas

Trial Court No. 06-1563

 

ABATEMENT ORDER


 

            Appellant’s brief is overdue in this appeal. 

            We abate this appeal to the trial court to conduct any necessary hearings within 30 days of the date of this Order pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3).  Tex. R. App. P. 38.8(b)(2), (3).

            The supplemental clerk’s and reporter’s records required by the rule, if any, are ordered to be filed within 45 days of the date of this Order.  See id.

 

                                                                        PER CURIAM

 

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Appeal abated

Order issued and filed July 16, 2008

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ily: 'CG Times', serif">W. R. Coffey, individually and as trustee for Moody Land Company, sought a permanent injunction against Thomas Charles Moore, Jr. and his wife Susan to compel their compliance with certain deed restrictions governing the property the Moores are purchasing by contract for deed from Moody Land Company. The court signed and entered an order granting the requested injunction on September 2, 1999.

      The Moores timely filed their pro se notice of appeal on September 22. See Tex. R. App. P. 9.2(b)(1). The clerk’s record was filed in this Court on October 12. The court reporter advised the Court that she had not filed the reporter’s record because the Moores had never requested it. Accordingly, we informed the Moores by letter dated November 22 that their appeal would be submitted on the clerk’s record alone unless they requested the preparation of the reporter’s record within ten days. Id. 37.3(c)(1). The Moores never acted on the November 22 letter. Accordingly, we notified them by letter dated December 15 that their appeal would be submitted on the clerk’s record alone. Id.

      Although their brief was due on January 14, 2000, the Moores have not filed an appellant’s brief. Tex. R. App. P. 38.6(a). Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file his brief, the Court may:

dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant’s failure to timely file a brief.


Id. 38.8(a)(1).

      More than thirty days have passed since the Moores’ brief was due. We notified them of this defect by letter on January 28. Id. 42.3, 44.3. They have not responded to our letter by requesting an extension or showing grounds for continuing the appeal, nor have they provided a reasonable explanation for failing to file a brief. Id. 42.3, 38.8(a)(1). Therefore, this appeal


is dismissed for want of prosecution. Id. 38.8(a)(1).

 

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed February 23, 2000

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