One 2003 Dodge Ram Automobile VIN 3D7MA46683G824545 v. The State of Texas--Appeal from 385th District Court of Midland County (memorandum opinion per curiam)
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Opinion filed December 19, 2013 In The Eleventh Court of Appeals ___________ No. 11-13-00134-CV ___________ ONE 2003 DODGE RAM AUTOMOBILE VIN 3D7MA46683G824545, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 385th District Court Midland County, Texas Trial Court Cause No. CV48587 MEMORANDUM OPINION In this case, Christopher E. Smith filed a pro se notice of appeal from a final summary judgment that ordered the forfeiture of Smith s interest in a particular automobile. Smith s appellate brief was originally due for filing on or before September 9, 2013. Smith filed a motion for extension on September 6, 2013, asking for an additional thirty days. This court granted the motion and extended the deadline on the brief to October 9, 2013. This court notified Smith by letter dated October 25, 2013, that his brief was past due and, on our own motion, extended the deadline to November 11, 2013. We also informed Smith that this case would be subject to dismissal absent a timely filed brief. See TEX. R. APP. P. 38.8. As of today s date, Smith has yet to file a brief or a second motion for extension. Consequently, we dismiss this appeal based upon Smith s failure to prosecute the appeal. TEX. R. APP. P. 38.8(a)(1), 42.3. The appeal is dismissed for want of prosecution. PER CURIAM December 19, 2013 Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2
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