In the Matter of the Marriage of Frances Marie McClure and Malcolm Wright McClure and In the Interest of Patrick Joe McClure, Minor Child--Appeal from 300th District Court of Brazoria County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00048-CV
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IN THE MATTER OF THE MARRIAGE OF FRANCES MARIE MCCLURE

AND MALCOLM WRIGHT MCCLURE AND
IN THE INTEREST OF PATRICK JOE MCCLURE,
A MINOR CHILD
On Appeal from the 300th Judicial District Court
Brazoria County, Texas
Trial Court No. 19778*RH02
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Frances Marie McClure has filed a notice of appeal from the division of property in her divorce from Malcolm Wright McClure. The record was due on April 4, 2003, but was filed with this Court only after a warning letter followed by our dismissal for want of prosecution. We reinstated the appeal on the request of Appellant.

Appellant's brief was due on August 4, 2003. It was not filed, and Appellant's counsel did not contact this Court. We sent another letter to counsel on August 18, 2003, warning him that, if he did not file Appellant's brief within fifteen days, along with a letter reasonably explaining the failure to file timely, the appeal would be subject to dismissal for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1). The brief was due no later than September 2, 2003.

Another fifteen days have now elapsed, and as of this date, Appellant's counsel has neither filed a brief nor contacted this Court.

We dismiss the appeal.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: September 22, 2003

Date Decided: September 23, 2003