Cunningham, William Earl v. Kenneth Warden Negbenor

• Court: Court of Appeals of Texas
• Decided: July 3, 2003
• Docket: 14-02-00882-CV
• Status: Published

Opinion

Memorandum Opinion of February 20, 2003 Withdrawn; Dismissed and Corrected Memorandum Opinion filed July 3, 2003

Memorandum Opinion of February 20, 2003 Withdrawn; Dismissed and Corrected Memorandum Opinion filed July 3, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00882-CV

WILLIAM EARL CUNNINGHAM, Appellant

V.

KENNETH WARDEN NEGBENOR, ET AL., Appellees

On Appeal from the 56th District Court

Galveston County, Texas

Trial Court Cause No. 01CV0437

C O R R E C T E D  M E M O R A N D U M  O P I N I O N

We withdraw our Memorandum Opinion of February 20, 2003 due to a  typographical error and issue this Corrected Memorandum Opinion in its place. This is an appeal from a judgment signed July 2, 2002.  The clerk=s record was filed on August 30, 2002.  No reporter=s record was taken.  No brief was filed.

On January 9, 2003, this Court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before February 10, 2003, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed for want of prosecution.

Accordingly, this court issues mandate immediately.

PER CURIAM

Judgment rendered and Corrected Memorandum Opinion filed July 3, 2003.

Panel consists of Justices Yates, Hudson, and Frost.