Donna & Sam Smith v. City of Waco and/or Waco ISD--Appeal from 170th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-01-368-CV

SAMUEL AND DONNA SMITH,

Appellants

v.

CITY OF WACO, ET AL.,

Appellees

From the 170th District Court

McLennan County, Texas

Trial Court # 2000-356-4

MEMORANDUM OPINION

The City of Waco and the Waco Independent School District filed a delinquent tax suit against Samuel and Donna Smith, individually and dba Lazer Performance Center. McLennan County intervened. The court rendered judgment in favor of all three taxing entities, and the Smiths appealed.

The clerk s record was filed in this Court on November 19, 2001. No reporter s record was made. We notified the Smiths by letter dated January 30, 2002 that their brief was due in thirty days. To date, they have not filed a brief. See 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 the Smiths brief was due. We notified them of this defect by letter dated March 21, 2002. Id. 42.3, 44.3. They have not responded to our letter. 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 April 17, 2002

Do not publish

[CV06]