Michael Kennedy v. Hon. B. Jeffrey Doran and Detective Larry Mars

• Court: Court of Appeals of Texas
• Decided: May 23, 2007
• Docket: 12-07-00053-CV
• Status: Published

Opinion

OPINION HEADING PER CUR

                NO. 12-07-00053-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL KENNEDY,        §          APPEAL FROM THE 369TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

HON. B. JEFFREY DORAN AND

DETECTIVE LARRY MARS,         §          ANDERSON COUNTY, TEXAS

APPELLEES

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 January 31, 2007.  Thereafter, the clerk’s record was filed on March 12, 2007, making Appellant’s brief due on or before April 11, 2007.  When Appellant failed to file his brief within the required time, this court notified him on April 30, 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 10, 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 April 30, 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 23, 2007.

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

(PUBLISH)