Michael Tsybulnik v. Lloyd E. Kelley--Appeal from Co Civil Ct at Law No 4 of Harris County

Dismissed and Memorandum Opinion filed June 16, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01132-CV

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MICHAEL TSYBULNIK, Appellant

V.

LLOYD E. KELLEY, Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 803,938

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed August 18, 2004. The clerk=s record was filed on December 16, 2004, and the reporter=s record was filed on December 13, 2004. Appellant=s brief was due January 17, 2005, but was not filed.

On February 10, 2005, the court ordered appellant to file a brief on or before March 11, 2005, or the appeal would be dismissed for want of prosecution. Appellant=s counsel then requested an extension of time to file the brief, which was granted until April 15, 2005. No brief was filed. On May 12, 2005 , this court issued a second order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before June 3, 2005, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed June 16, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.