Sarah Michelle Key v. Billy Meyers--Appeal from County Court at Law No 1 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-00-265-CV

SARAH MICHELLE KEY,

Appellant

v.

BILLY MEYERS,

Appellee

From the County Court at Law No. 1

McLennan County, Texas

Trial Court # 991389 CV1

MEMORANDUM OPINION

Sarah Michelle Key filed a notice of appeal on July 3, 2000, seeking to appeal from a summary judgment. The clerk s record was filed on August 4. Because there is no reporter s record, Key s brief was due on September 5. // Key did not file a brief nor a motion for extension of time to file the brief.

On September 21, we informed Key that this cause would be dismissed for want of prosecution unless she or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Tex. R. App. P. 38.8(a)(1). We have not received a response.

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 thirty days have passed since Key s brief was due. Accordingly, we dismiss the appeal for want of prosecution. Id. 38.8(a)(1). Costs are taxed against Key.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed October 25, 2000

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