Maria Perez Carey v. Texas Farmer's Insurance Company

• Court: Court of Appeals of Texas
• Decided: February 3, 1993
• Docket: 03-92-00587-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-92-587-CV

MARIA PEREZ CAREY,

APPELLANT

vs.

TEXAS FARMER'S INSURANCE COMPANY, ET AL.,

APPELLEES

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. 485,610, HONORABLE LAWRENCE FULLER, JUDGE PRESIDING

PER CURIAM

This is a dismissal for want of prosecution.

Generally, an appellant must file his brief within thirty days after the filing of the transcript and statement of facts, if any. Tex. R. App. P. 74(k). If the appellant fails to file his brief within the prescribed time, the appellate court may dismiss the appeal for want of prosecution, unless the appellant shows a reasonable explanation for failing to file the brief and the appellee has not suffered material injury. Tex. R. App. P. 74(l)(1).

The transcript in this cause was filed on November 23, 1992. Appellant has not filed a statement of facts. Accordingly, appellant's brief was due thirty days after the filing of the transcript, on December 23, 1992. Appellant has not filed her brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for her omission. See Tex. R. App. P. 74(n). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App.--Austin 1976, writ dism'd w.o.j.).

[Before Justices Powers, Kidd and B. A. Smith]

Dismissed for Want of Prosecution

Filed: February 3, 1993

[Do Not Publish]