Bobby J. Tompkins v. Tommy H. Moseley, et al--Appeal from County Court at Law of Harrison County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00062-CV

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BOBBY J. TOMPKINS, Appellant

V.

TOMMY H. MOSELEY, ET AL., Appellees

On Appeal from the County Court at Law

Harrison County, Texas

Trial Court No. 2003-6073-CCL

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Bobby J. Tompkins has appealed the trial court's judgment, which ordered Tompkins to take nothing in his personal injury claim against Tommy H. Moseley, et al.

The record in this case was complete June 10, 2005. At that time, we informed Tompkins that his brief in this case was due on or before July 11, 2005. On July 7, 2005, we granted Tompkins an additional thirty days in which to submit his brief. Tompkins, however, did not submit a brief by August 11, 2005. Thus, on August 23, 2005, we informed Tompkins that his brief in this case should be submitted by September 7, 2005, or we would consider dismissing the appeal for want of prosecution.

Almost one month has passed since our warning letter to Tompkins. Tompkins has not submitted his brief, requested additional time, or made any further contact with this Court explaining why this case should not be dismissed for want of prosecution. Accordingly, pursuant to Tex. R. App. P. 42.3(b), we dismiss Tompkins' suit for want of prosecution.

Josh R. Morriss, III

Chief Justice

Date Submitted: September 26, 2005

Date Decided: September 27, 2005