Leslie B. Bracher v. State

• Court: Court of Appeals of Texas
• Decided: May 29, 2007
• Docket: 12-06-00364-CV
• Status: Published

Opinion

OPINION HEADING PER CUR

                NO. 12-06-00364-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LESLIE B. BRACHER,        §          APPEAL FROM THE FOURTH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of prosecution.  Tex. R. App. P. 42.3(b).  Appellant perfected his appeal on October 23, 2006.  Thereafter, the clerk’s record was filed on February 5, 2007, making Appellant’s brief due on or before March 7, 2007.  When Appellant failed to file his brief within the required time, this court notified him on May 10, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by May 21, 2007, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure  42.3(b).  The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.

            To date, Appellant has neither complied with or otherwise responded to this court’s May 10, 2007 notice.  Accordingly, we dismiss the appeal for want of prosecution.  See Tex. R. App. P.  38.8(a)(1), 42.3.(b).

Opinion delivered May 29, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)