Preston Briggs, et al. v. K. Love, et al.--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-95-031-CV

PRESTON BRIGGS, ET AL.,

Appellants

v.

K. LOVE, ET AL.,

Appellees

From the 87th District Court

Freestone County, Texas

Trial Court # 95-039-B

MEMORANDUM OPINION

Preston Briggs, et al. appealed from the court's dismissal of their in forma pauperis petition. See Tex. Civ. Prac. & Rem. Code Ann. 13.001 (Vernon Supp. 1995). Briggs filed a notice of appeal on February 10, 1995, and the transcript was filed in this court on February 13. Although his brief was due on March 15, 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 Briggs' brief was due. We notified Briggs of this defect by letter on April 28. 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 for want of prosecution

Opinion delivered and filed May 11, 1995

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