Al Pipkin v. Rochelle Watson--Appeal from County Court at Law No 4 of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-00-081-CV

AL PIPKIN,

Appellant

v.

ROCHELLE WATSON,

Appellee

From the County Court at Law No. 4

Dallas County, Texas

Trial Court # CC98-7283-D

MEMORANDUM OPINION

Al Pipkin appeals from an order dismissing his case for want of prosecution. The clerk s record was filed on January 6, and there is no reporter s record. On March 23, we notified Pipkin that his brief was due on February 5 and directed that it be filed within 30 days. No brief was filed, and Pipkin was again reminded of the past-due date on May 11. He has never responded to our request that a brief be filed. Rule of Appellate Procedure 38.8(a) provides that if an appellant fails to timely file a brief, the appellate court may dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1).

More than four months have passed since Pipkin s brief was originally due. By letter dated May 11, we notified Pipkin of this defect and warned him that his appeal would be dismissed for want of prosecution if he did not file a brief within 10 days. Id. 42.3. Pipkin has not responded to our letter. 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 7, 2000

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