David Meriweather Anderson v. Jack A. Sunseri and Consolidated Partners, Ltd.--Appeal from 261st District Court of Travis County

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NO. 07-06-0149-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B OCTOBER 11, 2006 ______________________________ DAVID MERIWEATHER ANDERSON, APPELLANT V. JACK A. SUNSERI AND CONSOLIDATED PARTNERS, LTD., APPELLEES _________________________________ FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY; NO. GN 503,111; HONORABLE MARGARET A. COOPER, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. MEMORANDUM OPINION Appellant, David Meriweather Anderson, filed a notice of appeal from a Judgment entered February 15, 2006. The clerk s record was filed on May 30, 2006 and there is not a reporter s record per the docketing statement filed by appellant. By letter dated September 11, 2006, the clerk of this court notified appellant that his brief was due September 1, 2006, but had yet to be filed. See TEX . R. APP. P. 38.6(a). The letter further advised appellant that the appeal would be subject to dismissal for want of prosecution if the brief, or a response reasonably explaining the failure to file a brief with a showing that appellee had not been injured by the delay, was not filed by September 21, 2006. No brief, motion for extension or other response has been received. Accordingly, we now dismiss the appeal for want of prosecution and failure to comply with a directive of the court. See TEX . R. APP. P. 38.8(a)(1) and 42.3(b), (c). Mackey K. Hancock Justice 2

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