NO. 12-06-00416-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
ROSA MARIA MORALES, INDIVIDUALLY § APPEAL FROM THE THIRD
AND AS NEXT FRIEND OF B.M., V.M.
AND V.M., MINOR CHILDREN,
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
JAMES WILLIAM DOUGHERTY AND
LARRY MABE, INDIVIDUALLY AND
D/B/A TOP GUN TRANSPORT, INC.,
APPELLEES § HENDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected her appeal on December 13, 2006. Thereafter, the reporter’s record was filed on July 5, 2007, making Appellant’s brief due on or before August 6, 2007. When Appellant failed to file her brief within the required time, this court notified her on August 14, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by August 24, 2007, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(c). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for her failure to file the brief and a showing that Appellee had not suffered material injury thereby. See Tex. R. App. P. 38.8(a)(1).
On August 22, 2007, Appellant filed a motion requesting that the time for filing her brief be extended to October 5, 2007. The court granted the motion and extended the time for filing Appellant’s brief until September 20, 2007. On September 19, 2007, Appellant filed a second motion requesting that the time to file her brief be extended to October 5, 2007. The motion was granted. On October 9, 2007, Appellant filed a motion requesting this court extend the time for filing her brief to October 19, 2007. Appellees objected to the extension alleging that Appellant had unreasonably delayed the prosecution of this appeal and citing examples of such delays, including Appellant’s failure to pay the court reporter for the reporter’s record until May 2007. Appellant’s motion was granted on October 10, 2007, but Appellant was notified that no further extensions would be granted. Appellant was further informed that the failure to file her brief by the extended deadline would result in the appeal being presented to the court for dismissal pursuant to Texas Rule of Appellate Procedure 38.8.
The extended deadline for filing Appellant’s brief has now passed, and Appellant has not filed her brief. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).
Opinion delivered October 24, 2007.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)