Luis Rebollar v. Texas Department of Human Services

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-91-357-CV

LUIS REBOLLAR,

APPELLANT

vs.

TEXAS DEPARTMENT OF HUMAN SERVICES,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. 471,715, HONORABLE PETE LOWRY, JUDGE

PER CURIAM

This is a dismissal for want of prosecution.

Appellant filed a motion for extension of time to file notice of appeal and affidavit of inability to pay costs on August 20, 1991. Tex. R. App. P. Ann. 41(a)(2) (Pamph. 1991). The record was due to be filed in this Court on or before September 4, 1991. See Tex. R. App. P. Ann. 54(a) (Pamph. 1991).

If an appellant fails to file either the transcript or the statement of facts within the prescribed time, the appellate court may dismiss the appeal for want of prosecution. Tex. R. App. P. Ann. 54(a) (Pamph. 1991). To date, appellant has filed neither a transcript nor a statement of facts.

Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. Ann. 54(a), (c) (Pamph. 1991); Veale v. Rose, 688 S.W.2d 600 (Tex. App. 1984, writ ref'd n.r.e.).

[Before Chief Justice Carroll, Justices Aboussie and Kidd]

Dismissed for Want of Prosecution

Filed: November 20, 1991

[Do Not Publish]