St. Paul Travelers v. Nora Kay Coats

• Court: Court of Appeals of Texas
• Decided: March 31, 2008
• Docket: 12-07-00426-CV
• Status: Published

Opinion

MARY'S OPINION HEADING

                NO. 12-07-00426-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ST. PAUL TRAVELERS C/O THE

TRAVELERS COMPANIES TRAVELERS

PROPERTY AND CASUALTY,   §          APPEAL FROM THE 7TH

APPELLANTS

V.        §          JUDICIAL DISTRICT COURT OF

NORA KAY COATS,

APPELLEE  §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of prosecution.  See Tex. R. App. P. 42.3(b). Appellant perfected its appeal on June 15, 2007.  Thereafter, the clerk’s record was filed on January 2, 2008 making Appellant’s brief due on or before March 3, 2008.  When Appellant failed to file its brief within the required time, this court notified Appellant on March 12, 2008 that the brief was past due and warned that if no motion for extension of time to file the brief was received by March 24, 2008, 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 its 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 March 12, 2008 notice.  Accordingly, we dismiss the appeal for want of prosecution.  See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered March 31, 2008.

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

(PUBLISH)