John Bernard Williams, III v. Brian C. Kimbrough--Appeal from 166th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00184-CV

John Bernard WILLIAMS, III

Appellant

v.

Brian C. KIMBROUGH,

Appellee

From the 166thth Judicial District Court, Bexar County, Texas

Trial Court No. 2003-CI-15466

Honorable Barbara Hanson Nellermoe, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: September 28, 2005

DISMISSED FOR WANT OF PROSECUTION

Appellant s brief was originally due on June 13, 2005. This court has granted appellant one extension, until July 13, 2005. Neither the brief nor a second motion for extension of time has been filed. Accordingly, on August 1, 2005, appellant was ordered to file his brief and a motion for extension of time no later than August 12, 2005, and appellant was informed that if he failed to respond this appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 38.8(a). No response has been filed. On September 1, 2005, this court ordered appellant to show cause in writing no later than September 12, 2005 why this appeal should not be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a). Appellant did not respond. The appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.

PER CURIAM