in the Matter of the Marriage of Barbara (Ann Waldrup) Morgan and Shawn Gregory Morgan

• Court: Court of Appeals of Texas
• Decided: October 28, 2011
• Docket: 06-11-00010-CV
• Status: Published

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00010-CV

                             IN THE MATTER OF THE MARRIAGE OF

                             BARBARA (ANN WALDRUP) MORGAN,

                                  AND SHAWN GREGORY MORGAN

                                            On Appeal from the County Court at Law

                                                           Hopkins County, Texas

                                                          Trial Court No. CV39918

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                      MEMORANDUM OPINION

            Shawn Gregory Morgan, appellant, filed his notice of appeal January 18, 2011.

            The clerk’s record was filed February 10, 2011, and the reporter’s record was filed April 19, 2011.  Morgan’s brief was therefore due May 19, 2011.  Morgan has requested five extensions of time to file the brief.  This Court granted the last extension to October 6, but warned Morgan that if a brief was not received by that date, “the appeal will be subject to dismissal for want of prosecution.”  Tex. R. App. P. 42.3(b). 

            Counsel called this Court last week and informed us that he was sending yet another request for extension.  That extension has not been received.  Pursuant to Rule 42.3(b), we dismiss this appeal for want of prosecution.  Tex. R. App. P. 42.3(b).

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          October 27, 2011

Date Decided:             October 28, 2011