Getye Aschalew v. Bank of America, N.A.--Appeal from 193rd District Court of Dallas County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00090-CV

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GETYE ASCHALEW, Appellant

V.

BANK OF AMERICA, N.A., Appellee

On Appeal from the 193rd Judicial District Court

Dallas County, Texas

Trial Court No. 03-00649-L

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Getye Aschalew has appealed from a default judgment taken in favor of Bank of America, N.A., and signed on June 5, 2003. Aschalew filed a notice of appeal on June 13, 2003. The clerk's record was filed on September 2, 2003. No brief has been filed. On October 13, 2003, we contacted Aschalew by letter in which we pointed out the brief was two weeks past due. We warned Aschalew that, if a brief was not filed with this Court within fifteen days of the date of the letter along with an explanation for its late arrival, 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 October 28, 2003.

Another two weeks have since passed, and we have not received either a brief or any other communication from Aschalew.

We dismiss the appeal for want of prosecution.

Josh R. Morriss, III

Chief Justice

Date Submitted: November 13, 2003

Date Decided: November 14, 2003