Perley Painting Co., Inc. v. Vicki Thornton Redden--Appeal from 298th District Court of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-94-155-CV

PERLEY PAINTING COMPANY, INC.,

Appellant

v.

VICKI THORNTON REDDEN,

Appellee

From the 298th District Court

Dallas County, Texas

Trial Court # 92-14867M

MEMORANDUM OPINION

Perley Painting Company, Inc., appealed from a judgment rendered in favor of Vicki Redden after a bench trial. Perley Painting filed a cost bond on March 23, 1994, and the transcript was filed in this court on June 14. Although its brief was due on July 14, no appellant's brief has been filed. See Tex. R. App. P. 74(k). Appellate Rule 74(l)(1) provides:

Civil Cases. In civil cases, when the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless reasonable explanation is shown for such failure and that appellee has not suffered material injury thereby. The court may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.

Id. 74(l)(1).

More than thirty days have passed since Perley Painting's brief was due. We notified Perley Painting of this defect by letter on November 2. See id. 60(a)(2), 83. It has not responded to our letter showing grounds for continuing the appeal nor has it provided a reasonable explanation for failing to file a brief. Therefore, this appeal is dismissed for want of prosection. See id. 74(l).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed November 16, 1994

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