Tarence Niblett v. Jack Sikes--Appeal from 286th District Court of Hockley County
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NO. 07-05-0395-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A MAY 4, 2006 ______________________________ TARENCE NIBLETT, APPELLANT V. JACK SIKES, APPELLEE _________________________________ FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY; NO. 05-07-20093; HONORABLE H. BRYAN POFF, JUDGE _______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ. MEMORANDUM OPINION Appellant Tarence Niblett perfected this appeal from the trial court s order affirming the granting of a writ of possession in a forcible entry and detainer suit in favor of appellee Jack Sikes. The clerk s record and reporter s record have both been filed. After an extension of time was granted, Niblett s appellate brief was due to be filed by March 27, 2006, but has yet to be filed. The deadline was further extended to April 17, 2006, by this Court s notice of April 5, 2006, notifying Niblett of the defect and directing him to file either a brief or a response reasonably explaining the failure to file a brief with a showing that Sikes has not been significantly injured. The Court also noted that failure to respond might result in dismissal. Niblett did not respond. Sikes has filed a motion to dismiss asserting, among other grounds, that Niblett has failed to file a brief. We render the motion moot and dismiss the appeal for want of prosecution and failure to comply with a directive of this Court. See Tex. R. App. P. 38.8(a)(1) and 42.3(b) and (c). Don H. Reavis Justice 2
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