Susanne Lee Endres v. Mark Francis Endres--Appeal from 249th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-94-054-CV

SUSANNE LEE ENDRES,

Appellant

v.

MARK FRANCIS ENDRES,

Appellee

From the 249th District Court

Johnson County, Texas

Trial Court # 249-5157-93

MEMORANDUM OPINION

Appellant filed her appeal pursuant to a divorce decree which was signed January 19, 1994. Appellant's brief in the cause was originally due June 9, 1994. This court granted an extension of time for filing Appellant's brief until July 9. Appellee states in her motion to dismiss that she technically had until July 11 to file her brief.

Appellee requests that the appeal be dismissed for want of prosecution pursuant to Rule 74(l)(1) of the Rules of Appellate Procedure. Appellant has provided no reasonable explanation for failure to file a brief. Appellee further states that his ability to enforce the decree may be hampered by the pendency of the appeal and desires finality to the divorce decree for purpose of enforcement.

Appellee's motion is granted. The appeal is dismissed for want of prosecution. See Tex. R. App. P. 74(l)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed August 24, 1994

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