Odis DeWitt Steward, Jr. v. The City of Waco, Texas, et al.--Appeal from 74th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-96-268-CV

ODIS DEWITT STEWARD, JR.,

Appellant

v.

THE CITY OF WACO, TEXAS, ET AL.,

Appellees

From the 74th District Court

McLennan County, Texas

Trial Court # 94-1717-3

MEMORANDUM OPINION

Odis Steward, Jr. appeals from the court's denial of his motion for a summary judgment. The transcript was filed in this court on November 27, 1996. Tex. R. App. P. 54(a). Although his brief was due on December 30, no appellant's brief has been filed. Id. 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 three weeks have passed since Steward's brief was due. We notified him of this defect by letter on January 3. 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 prosecution. Id. 74(l)(1).

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed for want of prosecution

Opinion delivered and filed January 22, 1997

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