Ronald Keith Gresham v. Allisa Mechale Allen Gresham--Appeal from 82nd District Court of Robertson County

IN THE

TENTH COURT OF APPEALS

No. 10-97-104-CV

RONALD KEITH GRESHAM,

Appellant

v.

ALLISA MECHALE ALLEN GRESHAM,

Appellee

From the 82nd District Court

Robertson County, Texas

Trial Court # 90-04-D8649-DV

MEMORANDUM OPINION

Ronald Keith Gresham appeals from a judgment signed October 28, 1996, modifying a prior child support order and compelling him to pay a cash sum of $9,000 for having defaulted on a promissory note. The transcript was filed in this court on February 24, 1997. Tex. R. App. P. 54(a). Although his brief was due on March 26, 1997, 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).

Three weeks have passed since the appellant's brief was due. We notified him of this defect by letter on March 26. Id. 60(a)(2), 83. The appellant has not responded to our letter requesting that he show 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); Resendez v. Schwartz, 08-96-123-CV, slip op. at 2 (Tex. App. El Paso, January 9, 1997, no writ).

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed for want of prosecution

Opinion delivered and filed April 16, 1997

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