James Michael Griffin, Individually and as Representative of Surviving Child for the Estate of Elizabeth Ann Griffin v. David B. Morris, M.D.--Appeal from 5th District Court of Cass County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00104-CV

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JAMES MICHAEL GRIFFIN, INDIVIDUALLY AND AS

REPRESENTATIVE OF SURVIVING CHILD FOR

THE ESTATE OF ELIZABETH ANN GRIFFIN, Appellant

V.

DAVID B. MORRIS, M.D., Appellee

On Appeal from the 5th Judicial District Court

Cass County, Texas

Trial Court No. 04-C-261

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

James Michael Griffin, acting pro se, has appealed from a summary judgment granted in favor of David B. Morris, M.D., on his medical malpractice claim. The clerk's record was filed September 22, 2004. The brief was therefore due on or before October 22, 2004.

On November 2, 2004, we sent a letter to Griffin reminding him of the due date of his brief and directing him to file a brief to arrive at this Court within fifteen days of the date of the letter, along with a reasonable explanation for the delay. We also warned Griffin that, unless this occurred, his appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 38.8(a)(1). Another twenty days have now elapsed, but as of the date of this opinion, no brief has been filed, and Griffin has not otherwise contacted this Court.

We dismiss the appeal for want of prosecution.

Josh R. Morriss, III

Chief Justice

Date Submitted: December 6, 2004

Date Decided: December 7, 2004