Billy Rell Miles v. Texas Department of Criminal Justice

• Court: Court of Appeals of Texas
• Decided: December 19, 2002
• Docket: 13-02-00413-CV
• Status: Published

Opinion

                                   NUMBER 13-02-413-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

____________________________________________________________________

BILLY RELL MILES,                                                               Appellant,

                                                   v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL.,             Appellees.

____________________________________________________________________

                         On appeal from the 94th District Court

                                  of Nueces County, Texas.

____________________________________________________________________

                                   O P I N I O N

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, BILLY RELL MILES, perfected an appeal from a judgment entered by the   94th District Court of Nueces County, Texas, in cause number 00-4745-C.  The clerk=s record was filed on July 17, 2002.  No reporter=s record was filed.   Appellant=s brief was due on August 16, 2002. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant=s failure to timely file a brief.  Tex. R. App. P. 38.8(a)(1).

On September 16, 2002, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief.  To date, no appellate brief has been filed.

The Court, having examined and fully considered the documents on file, appellant=s failure to file a proper appellate brief, this Court=s notice, and appellant=s failure to file a proper response, is of the opinion that the appeal should be dismissed for want of prosecution.  The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 19th day of December, 2002