Grace Woodruff and Ben Woodruff v. James Egger--Appeal from 250th District Court of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-133-CV
GRACE WOODRUFF AND BEN WOODRUFF,

APPELLANTS

 
vs.
JAMES EGGER,

APPELLEE

 
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT
NO. 417,850, HONORABLE JOE DIBRELL, JUDGE

PER CURIAM

 

This is a dismissal for want of prosecution.

The transcript and statement of facts in the above cause were due to be filed in this Court on April 8, 1991. Tex. R. App. P. Ann. 54(a) (Pamph. 1991). Appellants filed a motion for extension of time to file the record in this cause on April 4, 1991. By virtue of the Court granting the extension, the record was due to be filed in this Court on or before June 5, 1991. See Tex. R. App. P. Ann. 54(c) (Pamph. 1991).

If an appellant fails to file either the transcript or the statement of facts within the prescribed time, the appellate court may dismiss the appeal for want of prosecution. Tex. R. App. P. Ann. 54(a) (Pamph. 1991). To date, appellants have filed neither a transcript nor a statement of facts.

Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. Ann. 54(a), (c) (Pamph. 1991); Veale v. Rose, 688 S.W.2d 600 (Tex. App. 1984, writ ref'd n.r.e.).

 

[Before Chief Justice Carroll, Justices Aboussie and Kidd]

Dismissed for Want of Prosecution

Filed: September 11, 1991

[Do Not Publish]