NO. 12-03-00087-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
TRAVIS WILLIAMS, § APPEAL FROM THE 87TH
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
T.D.C.J.-I.D.,
APPELLEE § ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant’s brief due was due in this appeal on or before September 24, 2004. When Appellant failed to file his brief within the required time, this Court notified him on October 1, 2004 that the brief was past due and warned that if no motion for extension of time to file the brief were received by October 18, 2004, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.
On October 14, 2004, Appellant tendered a motion for extension of time, but did not pay attach a certificate of service as required by Texas Rule of Appellate Procedure 9.5. On that same date, this Court notified Appellant that the motion was defective and gave until October 25, 2004. To date, Appellant has neither responded to the notice nor filed an amended motion to correct defect. Accordingly, we take overrule the motion for extension of time and dismiss the appeal for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3.(b).
Opinion delivered October 29, 2004.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(PUBLISH)