Kendra Cuyler v. Alethea Dollison

• Court: Court of Appeals of Texas
• Decided: July 18, 2002
• Docket: 13-00-00646-CV
• Status: Published

Opinion

                                   NUMBER 13-00-646-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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KENDRA CUYLER,                                                                Appellant,

                                                   v.

ALETHEA DOLLISON,                                                             Appellee.

____________________________________________________________________

                On appeal from the County Civil Court at Law No. 3

                                   of Harris County, Texas.

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                                   O P I N I O N

                  Before Justices Dorsey, Hinojosa, and Rodriguez

                                       Opinion Per Curiam

Appellant, KENDRA CUYLER, perfected an appeal from a judgment entered by the  County Civil Court at Law No. 3 of Harris County, Texas, in cause number 736506.  The clerk=s record was received on October 5, 2000. No reporter=s record was received. Pursuant to the filing of a bankruptcy petition by appellant on or about October 13, 2000, the appeal in this cause was automatically stayed.  The bankruptcy petition was dismissed on February 28, 2001, and the case terminated on March 7, 2001.  Accordingly, the automatic stay in this cause has been lifted.  Appellant=s brief in this cause was due on or before March 20, 2001.   To date, no appellate brief has been received.  Additionally, appellant has failed to tender filing fees in the amount of $145.00

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 January 30, 2002, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3(c).  Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief and failure to remit the filing fees.  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, appellant=s failure to tender the filing fees, 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 18th day of July, 2002