Director, State Employees Workers' Compensation Division, State of Texas v. Barbara McAda

• Court: Court of Appeals of Texas
• Decided: February 5, 1992
• Docket: 03-91-00468-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-91-468-CV

DIRECTOR, STATE EMPLOYEES WORKERS' COMPENSATION

DIVISION, STATE OF TEXAS,

APPELLANT

vs.

BARBARA McADA,

APPELLEE

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT

NO. CV90-1234-B, HONORABLE JOHN E. SUTTON, JUDGE PRESIDING

PER CURIAM

This is a dismissal for want of prosecution.

Generally, 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. Ann. 74(k) (Pamph. 1991). 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. Ann. 74(l)(1) (Pamph. 1991.

The transcript in this cause was filed on October 24, 1991, and the statement of facts in this cause was filed on November 15, 1991. Accordingly, appellant's brief was due thirty days later, on December 16, 1991. Appellant has not filed a brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for the omission. See Tex. R. App. P. Ann. 74(n) (Pamph. 1991). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App. 1976, writ dism'd w.o.j.).

[Before Justices Powers, Jones and Kidd]

Dismissed for Want of Prosecution

Filed: February 5, 1992

[Do Not Publish]