M.H. v. The State of Texas--Appeal from County Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-94-279-CV

M.H.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court

McLennan County, Texas

Trial Court # MI 940179

MEMORANDUM OPINION

M.H. appealed from an August 18, 1994, order committing him to the Austin State Hospital for a period not to exceed ninety days. He filed his notice of appeal on August 26 and the transcript was filed in this court on September 12. Although his brief was due on October 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 M.H.'s brief was due. We notified him of this defect by letter on December 2. See id. 60(a)(2), 83. He has not responded to our letter showing grounds for continuing the appeal nor has he provided a reasonable explanation for failing to file a brief. Therefore, this appeal is dismissed for want of prosection. See id. 74(l)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Appeal dismissed for want of prosecution

Opinion delivered and filed December 21, 1994

Do not publish