In the Interest of C.K.T., T.M.T. and V.M.T., Children--Appeal from 46th District Court of Wilbarger County
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NO. 07-05-0275-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A DECEMBER 8, 2005 ______________________________ IN THE INTEREST OF C.K.T., T.M.T., AND V.M.T. _________________________________ FROM THE 46TH DISTRICT COURT OF WILBARGER COUNTY; NO. 23,501; HONORABLE TOM NEELY, JUDGE _______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ. MEMORANDUM OPINION Appellant, Freddie L. Thrash, filed a notice of appeal from a final decree entered on April 28, 2005. The appellate record was complete on filing of the reporter s record October 7, 2005. See TEX . R. APP . P. 34.1. By letter dated November 22, 2005, the clerk of this court notified counsel for appellant that appellant s brief was due November 7, 2005, but had yet to be filed. See TEX . R. APP . P. 38.6(a). The letter further advised appellant that the appeal would be subject to dismissal for want of prosecution if the brief, or a response reasonably explaining the failure to file a brief with a showing that appellee had not been injured by the delay, was not filed by December 2, 2005. No brief, motion for extension or other response has been received.1 Accordingly, we now dismiss the appeal for want of prosecution and failure to comply with a directive of the court. See TEX . R. APP . P. 38.8(a)(1) and 42.3(b), (c). Mackey K. Hancock Justice 1 Appellant filed a Notice of Withdrawal of Appeal on November 4, 2005 but the Court was not able to act on the motion without the appropriate fee being paid. See Tex. Gov t Code ยง 51.207(c)(4). 2
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