Darrell Hurd v. Jay T. Morgan, et al.--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-95-078-CV

DARRELL HURD,

Appellant

v.

JAY T. MORGAN, ET AL.,

Appellees

From the 87th District Court

Freestone County, Texas

Trial Court # 95-016-B

MEMORANDUM OPINION

Darrell Hurd appealed from the court's dismissal of his in forma pauperis petition. See Tex. Civ. Prac. & Rem. Code Ann. 13.001 (Vernon Supp. 1995). Hurd filed a notice of appeal on March 23, 1995, and the transcript was filed in this court on April 10. Although his brief was due on May 10, 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 Hurd'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. See id. 60(a)(2), 74(l)(1). 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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