Don A. Payne v. Wilma G. Payne

MEMORANDUM OPINION No. 04-10-00772-CV Don A. PAYNE, Appellant v. Wilma G. PAYNE, Appellee From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-17750 Honorable Michael P. Peden, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: March 2, 2011 DISMISSED FOR WANT OF PROSECUTION Appellant’s brief, which was due on January 21, 2011, has not been filed. On January 31, 2011, this court ordered appellant to show cause in writing by February 15, 2011, why this appeal should not be dismissed for want of prosecution. Appellant did not respond. The appeal is dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). It is ordered that 04-10-00772-CV no costs shall be assessed against appellant in relation to this appeal because he qualifies as an indigent under TEX. R. APP. P. 20. PER CURIAM -2-