Bob Derrick, et al. v. Doug Leach, Individually and dba Leach Construction--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-99-061-CV

BOB DERRICK, ET AL.,

Appellants

v.

DOUG LEACH, INDIVIDUALLY

AND D/B/A LEACH CONSTRUCTION,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court # 35,541

MEMORANDUM OPINION

Appellee successfully prosecuted a suit on a sworn account against Appellants. The court awarded Appellee damages, attorney s fees, costs, and post-judgment interest. Appellants timely filed a notice of appeal by depositing it in the mail on March 10, 1999. The reporter s record was filed on April 14, and the clerk s record was filed on April 15. Although their brief was due on May 24, // no appellants brief has been filed. Tex. R. App. P. 38.6(a). Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file his brief, the Court may:

dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant s failure to timely file a brief.

Id. 38.8(a)(1).

More than thirty days have passed since Appellants brief was due. We notified them of this defect by letter on June 4. Id. 42.3, 44.3. They have not responded to our letter showing grounds for continuing the appeal, nor have they provided a reasonable explanation for failing to file a brief. Id. 42.3, 38.8(a)(1). Therefore, this appeal is dismissed for want of prosecution. Id. 38.8(a)(1).

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed June 30, 1999

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