The State of Texas v. One 13.32 Acre Tract of Land--Appeal from 82nd District Court of Falls County

IN THE

TENTH COURT OF APPEALS

No. 10-94-252-CV

THE STATE OF TEXAS,

Appellant

v.

ONE 13.32 ACRE OF LAND,

Appellee

From the 82nd District Court

Falls County, Texas

Trial Court # 31,112

MEMORANDUM OPINION

On June 23, 1994, the court rendered a summary judgment in favor of the owners of 13.32 acres of land the State was seeking to forfeit. See Tex. Code Crim. Proc. Ann. art. 59.02 (Vernon Supp. 1995). The State filed a notice of appeal on July 6, and the transcript was filed in this court on August 19. Although the State's brief was due on September 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 the State's brief was due. We notified it of this defect by letter on November 2. See id. 60(a)(2), 83. The State responded by filing a "Motion For Continuance," requesting thirty days in which to file "the transcript, statement of facts, and briefs." Although the State's motion may explain the need for an additional thirty days from the day it was filed, it wholly fails to explain the delay between September 19 and November 14. Thus, we conclude that the State has failed to provide either a "reasonable explanation" for the failure to file its brief or "grounds for continuing the appeal." See id. 60(a)(2), 74(l)(1). Therefore, this appeal is dismissed for want of prosection. See id. 74(l).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed December 7, 1994

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