Michael Joseph Kearns v. Gonzales County

• Court: Court of Appeals of Texas
• Decided: November 20, 2007
• Docket: 13-07-00455-CV
• Status: Published

Opinion

NUMBER 13-07-00455-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MICHAEL JOSEPH KEARNS, Appellant,

v.

GONZALES COUNTY, ET AL., Appellees.

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On Appeal from the 25th District Court of Gonzales County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam This matter is before the Court on the appellant's failure to file a brief or reasonably explain his failure to do so. The appellant's brief in the above cause was due on October 17, 2007. On October 24, 2007, the Clerk of the Court notified appellant that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief.

Appellant responded to this Court's directive on November 2, 2007. Appellant contends that he is a "natural private individual who operates on his God given birthrights," and that dismissing this appeal "would be construed as abridging or modifying my substantive rights, therefore I would demand this matter be continued until I file the Appellate Brief."

Appellant has failed to either reasonably explain his failure to file a brief, file a motion for extension of time to file his brief, or file his brief. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See Tex. R. App. P. 38.8(a), 42.3(b).

PER CURIAM

Memorandum Opinion delivered and

filed this the 20th day of November, 2007.