Daniel Lee Grant v. Robert C. Morris, et al.--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-94-199-CV

DANIEL LEE GRANT,

Appellant

v.

ROBERT C. MORRIS, ET AL.,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 26,088

MEMORANDUM OPINION

Daniel Grant appealed from an instructed verdict in favor of Robert Morris, et al., rendered at the close of his case in chief. Grant filed his notice of appeal and affidavit of inability to pay costs on June 6, 1994, and the transcript was filed in this court on June 21. Although his brief was due on July 19, no appellant's brief has been filed. See Tex. R. App. P. 74(k). Appellate Rule 74(l)(1) provides:

Civil Cases. In civil cases, when the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless reasonable explanation is shown for such failure and that appellee has not suffered material injury thereby. The court may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.

Id. 74(l)(1).

More than thirty days have passed since Grant's brief was due. We notified Grant of this defect by letter on November 2. See id. 60(a)(2), 83. He has not responded to our letter showing grounds for continuing the appeal nor has he provided a reasonable explanation for failing to file a brief. Therefore, this appeal is dismissed for want of prosection. See id. 74(l)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed November 16, 1994

Do not publish