Timothy E. Thompson and Pamela Thompson v. Bradley O. King, M.D.

MARY'S OPINION HEADING

                                                NO. 12-06-00059-CV

 

IN THE COURT OF APPEALS

 

TWELFTH COURT OF APPEALS DISTRICT

 

TYLER, TEXAS

TIMOTHY E. THOMPSON §                      APPEAL FROM THE 114TH

AND PAMELA THOMPSON,

APPELLANTS

 

V.        §                      JUDICIAL DISTRICT COURT OF

 

BRADLEY O. KING, M.D. AND

MICHAEL WILLIAMS, M.D.,

APPELLEES §                      SMITH COUNTY, TEXAS

                                                                                                                                                            

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellants perfected their appeal on February 27, 2006.  Thereafter, the clerk’s record was filed on April 13, 2006, making Appellants’ brief due on or before May 15, 2006.  When Appellants failed to file their brief within the required time, this court notified them on May 17, 2006 that the brief was past due and warned that if no motion for extension of time to file the brief was received by May 30, 2006, the appeal would be dismissed for want of prosecution.  See Tex. R. App. P.  42.3(b).  The notice further informed Appellants that the motion for extension of time must contain a reasonable explanation for their failure to file the brief and a showing that Appellees had not suffered material injury thereby.

            The deadline has now passed, and Appellants have neither complied with this court’s May 17, 2006 notice nor otherwise responded to the notice.  Accordingly, we dismiss the appeal for want of prosecution.  See Tex. R. App. P.  38.8(a)(1), 42.3(b).

 


            Opinion delivered June 7, 2006.

            Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(PUBLISH)