Danny Reid v. Linda S. Hall (Brient), Individually and as Independent Executrix of the Estate of Robert William Hall, Deceased--Appeal from 33rd District Court of Burnet County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-242-CV
DANNY REID,

APPELLANT

 
vs.
LINDA S. HALL (BRIENT), INDIVIDUALLY AND
AS INDEPENDENT EXECUTRIX OF THE ESTATE
OF ROBERT WILLIAM HALL, DECEASED,

APPELLEE

 
FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT
NO. 13,801, HONORABLE D. V. HAMMOND, 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. 1992). 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. 1992).

The transcript in this cause was filed on May 26, 1992. Appellant has not filed a statement of facts. Accordingly, appellant's brief was due thirty days after the transcript was filed, that is, on June 25, 1992. Appellant has not filed his brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for his omission. See Tex. R. App. P. Ann. 74(n) (Pamph. 1992). 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 B. A. Smith; Justice Aboussie

not participating]

Dismissed for Want of Prosecution

Filed: August 12, 1992

[Do Not Publish]