James D. Redford v. Texas Mutual Insurance Company

• Court: Court of Appeals of Texas
• Decided: June 15, 2005
• Docket: 04-05-00049-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00049-CV

James D. REDFORD,

Appellant

v.

TEXAS MUTUAL INSURANCE COMPANY,

Appellee

From the 407th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-13274

Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting:            Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed:   June 15, 2005

DISMISSED

            James D. Redford appeals the trial court’s judgment signed December 27, 2004. Redford’s appellant’s brief was due April 28, 2005. Neither the brief nor a motion for extension of time were filed. On May 11, 2005, we therefore ordered Redford to file, on or before May 26, 2005, his appellant’s brief and a written response reasonably explaining his failure to timely file the brief and showing why appellee is not significantly injured by Redford’s failure to timely file a brief. We further advised Redford that if he failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a). Redford has not filed a brief or the written response ordered by the court.

            We therefore order this appeal dismissed for want of prosecution. We further order that no costs shall be assessed against appellant because he is indigent.