University Interscholastic League and Bailey Marshall v. Bruce Lafeyette Buchanan--Appeal from 331st District Court of Travis County

APPELLANTS

APPELLEE

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). In the case of an accelerated appeal, the appellant must file his brief within twenty days after the record is filed. Tex. R. App. P. Ann. 42(a)(3) (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) (Pamph. 1991).

This is an appeal of a temporary injunction. The transcript in this accelerated appeal was filed on October 21, 1991. Accordingly, appellants' brief was due twenty days later, on November 12, 1991. 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) (Pamph. 1991). 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 Justices Powers, Jones and Kidd]

Dismissed for Want of Prosecution

Filed: February 5, 1992

[Do Not Publish]