NO. 12-01-00086-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
EVELYN EDDINS,§ APPEAL FROM THE 123RD
APPELLANT
V.§ JUDICIAL DISTRICT COURT OF
ROBERT MCDONALD,
APPELLEE§ SHELBY COUNTY, TEXAS
PER CURIAM
This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected this appeal on March 22, 2001. Thereafter, the record was filed on May 17, 2001, making Appellant's brief due on or before June 18, 2001. By way of extensions of time, the deadline for Appellant's brief was extended to October 1, 2001 with no further extensions allowed. On October 2, 2001, the Court received Appellant's brief. However, the brief failed to comply with Tex. R. App. P. 38.1(g). On October 2, 2001, this Court notified Appellant that her brief failed to comply with Tex. R. App. P. 38.1(g), and it warned that if she failed to correct the defect on or before October 12, 2001, her brief would be deemed past due and the appeal would be dismissed for failure to timely file the brief.
As of October 19, 2001, Appellant has neither tendered a supplement to the brief correcting the aforementioned defect nor otherwise responded to this Court's notice. Accordingly, Appellant's appeal is dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3.(b).
Opinion delivered October 24, 2001.
Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.
DO NOT PUBLISH