Verdell Barnes v. Sandy Center Market, Inc.--Appeal from 115th District Court of Upshur County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00008-CV
______________________________
VERDELL BARNES, Appellant
V.
SANDY CENTER MARKET, INC., Appellee
On Appeal from the 115th Judicial District Court
Upshur County, Texas
Trial Court No. 686-04
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION

Verdell Barnes has filed an appeal from the trial court's order dated December 18, 2006, dismissing his case for want of prosecution. The clerk's record was filed in this Court January 22, 2007. Barnes's brief was, therefore, due February 21, 2007. See Tex. R. App. P. 38.6.

On March 15, 2007, we contacted Barnes's counsel, Robert D. Bennett, by letter, reminding him that the brief was overdue and that we had not received a reasonable explanation for his failure to file the brief. We also warned Bennett that, if we did not receive the brief by March 30, 2007, we would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).

On March 29, 2007, we received a motion for extension of time to file the brief. That motion was overruled on April 3, 2007. To date, no brief has been filed.

We dismiss the appeal for want of prosecution.

 

Bailey C. Moseley

Justice

 

Date Submitted: April 16, 2007

Date Decided: April 17, 2007