Texas Utilities Fuel Company v. Railroad Commission of Texas Martha Whitehead, Treasurer of the State of Texas And Dan Morales, Attorney General of the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-96-00585-CV

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Texas Utilities Fuel Company, Appellant

v.

Railroad Commission of Texas; Martha Whitehead, Treasurer of the State of Texas;

and Dan Morales, Attorney General of the State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. 441,748, HONORABLE MARGARET A. COOPER JUDGE PRESIDING

PER CURIAM

Appellant Texas Utilities Fuel Company appeals a summary judgment rendered in favor of appellees Railroad Commission of Texas; Martha Whitehead, Treasurer of the State of Texas; and Dan Morales, Attorney General of the State of Texas. We will dismiss the appeal for want of prosecution.

The Clerk of this Court filed the transcript on October 17, 1996. Because no statement of facts was filed, the Company's brief was due on November 18. Tex. R. App. P. 74(k). Despite notice from this Court that the brief was overdue, the Company has tendered neither a brief nor an extension motion to file the brief. See id. 74(n).

We accordingly dismiss the appeal for want of prosecution. Id. 60(a)(2), 74(l)(1); Sentinel Pipe Servs., Inc. v. Tandy Computer Leasing, 825 S.W.2d 212, 212 (Tex. App.--Fort Worth 1992, no writ); Dickson v. Dickson, 541 S.W.2d 895, 896 (Tex. Civ. App.--Austin 1976, writ dism'd).

Before Justices Powers, Jones and Kidd

Appeal Dismissed for Want of Prosecution

Filed: May 1, 1997

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