Cory Abernathy v. David Dire--Appeal from County Court at Law No. 1 of Travis County (majority)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00305-CV Cory Abernathy, Appellant v. David Dire, Appellee FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-12-001993, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING MEMORANDUM OPINION Appellant s notice of appeal was filed in the trial court on March 28, 2012, and the record was filed in this Court in May 2012. We granted appellant s first motion for extension of time to file appellant s brief, making the brief due August 6. On August 6, appellant filed a motion to dismiss the appeal, but the motion was rejected because it lacked a certificate of conference. On August 29, we sent appellant notice that the brief was overdue, noting that a corrected motion had not been filed, and stating that we would dismiss the appeal for want of prosecution if appellant did not respond by September 10. To date, appellant has not filed a brief, a motion for extension of time, or a corrected motion to dismiss or otherwise responded to our notice. We therefore dismiss the appeal for want of prosecution. Tex. R. App. P. 42.3(b). __________________________________________ David Puryear, Justice Before Justices Puryear, Pemberton and Henson Dismissed for Want of Prosecution Filed: October 4, 2012 2
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