George E. Dixon v. Carmen Nance Sanders N/K/A Carmen Lee Nance Gambrill

Opinion

Opinion issued February 26, 2013

In The Court of Appeals For The First District of Texas

NO. 01-12-00655-CV

GEORGE E. DIXON, Appellant

V.

CARMEN NANCE SANDERS N/K/A CARMEN LEE NANCE GAMBRILL, Appellee

On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 07CV0656

MEMORANDUM OPINION

Appellee, Carmen Nance Sanders n/k/a Carmen Lee Nance Gambrill, moves

to dismiss the appeal for want of prosecution because appellant, George E. Dixon,

has failed to timely file a brief. See TEX. R. APP. P. 38.8(a) (authorizing dismissal for failure of appellant to file brief). The appellate record was complete September

20, 2012. Appellant’s brief was due on October 22, 2012. See TEX. R. APP. P.

38.6(a) (governing time to file brief). Over ten days have passed and appellant has

not responded to appellee’s motion to dismiss. See TEX. R. APP. P. 10.3,

38.8(a)(1).

Accordingly, we grant appellee’s motion and dismiss the appeal for want of

prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b), 43.2(f). We dismiss all other

pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.