Roosevelt Jackson v. Benny Pickens and Rex Moore--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-00-038-CV

ROOSEVELT JACKSON,

Appellant

v.

BENNY PICKENS AND REX MOORE,

Appellees

From the 87th District Court

Freestone County, Texas

Trial Court # 00-008-B

MEMORANDUM OPINION

Roosevelt Jackson filed a notice of appeal from the trial court s dismissal of his case on January 26, 2000. The clerk s record was filed in this Court on February 3. There is no reporter s record. On July 7, Jackson was notified that his brief was past due. Tex. R. App. P. 38.6(a)(1). To date, no brief has been filed.

Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file a 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 three months have passed since Roosevelt s brief was due. Accordingly, we dismiss the appeal for want of prosecution. Id. 38.8(a)(1). Costs are taxed against Roosevelt.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed October 18, 2000

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