Keigher, Richard Jerry v. Pady, Colman Boyd, Waste Management of Texas Inc., a Texas Corporation and Waste Management of Texas, Inc., D/B/A Garbage Gobbler

• Court: Court of Appeals of Texas
• Decided: June 22, 2000
• Docket: 13-99-00653-CV
• Status: Published

Opinion

NUMBER 13-99-653-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

RICHARD JERRY KEIGHER

, Appellant,

v.

COLMAN BOYD PADY, ET AL.

, Appellees.

____________________________________________________________________

On appeal from the 156th District Court of Aransas County, Texas.

____________________________________________________________________

O P I N I O N

Before Chief Justice Seerden and Justices Rodriguez and Kennedy⁽¹⁾

Opinion Per Curiam

Appellant, RICHARD JERRY KEIGHER, perfected an appeal from a judgment entered by the 156th District Court of Aransas County, Texas, in cause number A-98-0019-CV-B. The clerk's record was filed on December 8, 1999. The reporter's record was filed on February 24, 2000. Appellant's brief was due on May 15, 2000. To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On June 2, 2000, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant's failure to file a proper appellate brief, this Court's notice, and appellant's failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 22^nd day of June, 2000

1. Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. §74.003 (Vernon 1998).