Lawrence Obed Chikezie and E-Z Pharmacy v. Texas State Board of Pharmacy--Appeal from 53rd District Court of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-270-CV
LAWRENCE OBED CHIKEZIE AND E-Z PHARMACY,

APPELLANTS

 
vs.
TEXAS STATE BOARD OF PHARMACY,

APPELLEE

 
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT
NO. 91-6233, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

PER CURIAM

 

This is a dismissal for want of prosecution.

Generally, an appellant must file his brief within thirty days after the filing of the transcript and statement of facts, if any. Tex. R. App. P. Ann. 74(k) (Pamph. 1991). If the appellant fails to file his brief within the prescribed time, the appellate court may dismiss the appeal for want of prosecution, unless the appellant shows a reasonable explanation for failing to file the brief and the appellee has not suffered material injury. Tex. R. App. P. Ann. 74(l)(1).

The transcript in this cause was filed on June 28, 1991. Accordingly, appellants' brief was due thirty days later, on July 29. Appellants have not filed their brief. Moreover, appellants have not filed a motion for extension of time showing a reasonable explanation for their omission. See Tex. R. App. P. Ann. 74(n). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App. 1976, writ dism'd w.o.j.).

 

[Before Chief Justice Carroll, Justices Aboussie and Kidd]

Dismissed for Want of Prosecution

Filed: October 9, 1991

[Do Not Publish]