Town North Nissan, Inc. v. Laura Ichon and Michele Ichon--Appeal from 200th District Court of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-498-CV
TOWN NORTH NISSAN, INC.,

APPELLANT

 
vs.
LAURA ICHON AND MICHELE ICHON,

APPELLEES

 
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. 454,713, HONORABLE PAUL R. DAVIS, JR., 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) (Pamph. 1991).

The transcript and statement of facts in this cause were filed on November 21, 1991. Accordingly, appellant's brief was due thirty days later, on December 23, 1991. Appellant has not filed its brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for the 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[Do Not Publish]