Government Personnel Mutual Life Insurance Company v. Ethan Gomer, Jr.

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-93-178-CV

GOVERNMENT PERSONNEL MUTUAL LIFE INSURANCE COMPANY,

APPELLANT

vs.

ETHAN GOMER, JR.,

APPELLEE

FROM THE DISTRICT COURT OF BELL COUNTY, 169TH JUDICIAL DISTRICT

NO. 131,779-C, HONORABLE STANTON B. PEMBERTON, 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. 74(k). If the appellant fails to file its 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 April 8, 1993. Appellant has not filed a statement of facts. Accordingly, appellant's brief was due thirty days after the filing of the transcript, on May 10, 1993. See Tex. R. App. P. 5(a). Appellant has not filed its brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for the omission. See Tex. R. App. P. 74(n). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App.--Austin 1976, writ dism'd w.o.j.).

[Before Justices Powers, Kidd and B. A. Smith]

Dismissed for Want of Prosecution

Filed: June 9, 1993

[Do Not Publish]