Patrick B. Smith v. James D. Easley, et al.--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-96-135-CV

PATRICK B. SMITH,

Appellant

v.

JAMES D. EASLEY, ET AL.,

Appellees

From the 52nd District Court

Coryell County, Texas

Trial Court # 29,035

MEMORANDUM OPINION

At the close of Patrick Smith's case in chief, the court granted James Easley and his co-defendants' motion for an instructed verdict. Tex. R. Civ. P. 269. Smith filed a "motion of appeal" on May 20, 1996, and the transcript was filed in this court on June 21. Although his brief was due on July 22, no appellant's brief has been filed. 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 twenty-five days have passed since Smith's brief was due. We notified him of this defect by letter on August 8. 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. Id. 60(a)(2), 74(l)(1). Therefore, this appeal is dismissed for want of prosecution. Id. 74(l)(1).

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed for want of prosecution

Opinion delivered and filed August 30, 1996

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