Wayne P. Prestidge and Pat Prestidge v. Central Freight Lines, Inc.--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-95-077-CV

WAYNE P. PRESTIDGE AND

PAT PRESTIDGE,

Appellants

v.

CENTRAL FREIGHT LINES, INC.,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 50,844

MEMORANDUM OPINION

Wayne and Pat Prestidge appealed from a summary judgment rendered in favor of Central Freight Lines. Prestidge filed a cost bond on March 1, 1995, and the transcript was filed in this court on April 4. Although his brief was due on May 4, 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 Prestidge's brief was due. We notified him of this defect by letter on June 9. 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 Justice Cummings,

and Justice Vance

(Chief Justice Thomas not participating)

Dismissed for want of prosecution

Opinion delivered and filed June 28, 1995

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