Dee N. Johnson v. State of Texas City of Houston, Texas And Transit Authority of Houston, Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 1995
• Docket: 03-94-00516-CV
• Status: Published

Opinion

CV4-516 IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-94-516-CV

DEE N. JOHNSON,

APPELLANT

vs.

STATE OF TEXAS; CITY OF HOUSTON, TEXAS; AND TRANSIT AUTHORITY OF HOUSTON, TEXAS,

APPELLEES

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT

NO. 93-15799, HONORABLE W. JEANNE MEURER, JUDGE PRESIDING

PER CURIAM

We will dismiss the appeal for want of prosecution.

An appellant must file his brief within thirty days after the filing of the transcript and statement of facts, if any. Tex. R. App. P. 74(k). If the appellant fails to file his brief within the prescribed time, the appellate court may dismiss the appeal for want of prosecution, unless the appellant shows a reasonable explanation for failing to file the brief and the appellee has not suffered material injury. Tex. R. App. P. 74(l)(1).

The transcript in this cause was filed on September 28, 1994. Accordingly, appellant's brief was due thirty days after the filing of the transcript, on October 28, 1994. See Tex. R. App. P. 74(k). Appellant has not filed his brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for his omission. Further, the Clerk of this Court sent a letter on November 29, 1994, directing appellant to submit a motion in compliance with Texas Rules of Appellate Procedure 19, 73, and 74(l)(1) by December 9, 1994; and informing appellant that failure to comply would result in this Court dismissing the appeal for want of prosecution. Appellant has not complied.

Accordingly, we dismiss the appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895, 896 (Tex. Civ. App.--Austin 1976, writ dism'd w.o.j.).

Before Chief Justice Carroll, Justices Jones and Kidd

Dismissed for Want of Prosecution

Filed: January 11, 1995

Do Not Publish