Evans, Jerry v. Swift, Kenneth A.

• Court: Court of Appeals of Texas
• Decided: January 9, 2003
• Docket: 14-02-00407-CV
• Status: Published

Opinion

Dismissed and Opinion filed January 9, 2003

Dismissed and Opinion filed January 9, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00407-CV

JERRY EVANS, Appellant

V.

KENNETH A. SWIFT, Appellee

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On Appeal from the 56th District Court

Galveston County, Texas

Trial Court Cause No. 00CV0743

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M E M O R A N D U M  O P I N I O N

            This is an appeal from a judgment signed January 31, 2002.  The clerk’s record was filed on June 3, 2002.  The reporter’s record was not filed because appellant failed to make arrangements to pay for the record.  Because appellant failed to make arrangements to pay for the reporter’s record, this court issued an order on August 1, 2002, directing appellant to file a brief on or before September 3, 2002.  On September 3, 2002, appellant tendered a brief that did not comply with the briefing rules contained in the Texas Rules of Appellate Procedure.  Accordingly, on September 12, 2002, this court issued an order directing appellant to file a corrected brief on or before September 27, 2002.  On September 27, 2002,

appellant filed a motion for extension of time to file the corrected brief.  We granted the motion, giving appellant until November 1, 2002, to file the corrected brief.  When we granted this extension, we stated that no further extensions would be granted absent a showing of exceptional circumstances.  No corrected brief or further motion for extension was filed. 

            On November 21, 2002, this Court issued an order stating that unless appellant submitted his corrected brief, together with a motion reasonably explaining why the brief was late, on or before December 5, 2002, 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.

                                                                        PER CURIAM

Judgment rendered and Opinion filed January 9, 2003.

Panel consists of Justices Edelman, Seymore, and Guzman.