Nathan Roberts v. Southland Health Care Center, L.P.

• Court: Court of Appeals of Texas
• Decided: September 12, 2007
• Docket: 12-07-00228-CV
• Status: Published

Opinion

OPINION HEADING PER CUR

                NO. 12-07-00228-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

NATHAN ROBERTS,          §          APPEAL FROM THE 159TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

SOUTHLAND HEALTH

CARE CENTER, L.P.,          §          ANGELINA COUNTY, TEXAS

APPELLEE  

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 June 20, 2007.  Thereafter, the clerk’s record was filed on July 23, 2007, making Appellant’s brief due on or before August 22, 2007.  When Appellant failed to file his brief within the required time, this court notified him on August 24, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by September 4, 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 August 24, 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 September 12, 2007.

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

(PUBLISH)