Sonya Kennedy v. City of Ferris, et al.--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-97-197-CV

SONYA KENNEDY,

Appellant

v.

CITY OF FERRIS, ET AL.,

Appellees

From the 40th District Court

Ellis County, Texas

Trial Court # 53927

MEMORANDUM OPINION

Sonya Kennedy brought suit against the City of Ferris and Breezy Hart ( Appellees ) to recover damages for the deaths of her two dogs. On April 21, 1997, the court granted Appellees' motion for a summary judgment. Kennedy appealed. The transcript was filed in this court on June 23. Although her brief was due on July 23, no appellant's brief has been filed. Tex. R. App. P. 38.6(a). Appellate rule 38.8(a) provides:

Civil Cases. If an appellant fails to timely file a brief, the appellate court may:

(1) dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief.

Id. 38.8(a)(1).

More than thirty days have passed since Kennedy's brief was due. We notified Kennedy of this defect by letter on September 10, informing her that her appeal might be dismissed. Id. 42.3 (former Rule 60(a)(2)). Kennedy has not responded to our letter showing grounds for continuing the appeal nor has she provided a reasonable explanation for failing to file a brief.

Appellees filed their Motion to Dismiss Appeal on October 17, asking us to dismiss the appeal for want of prosecution. Kennedy has not responded to the motion. Therefore, this appeal is dismissed for want of prosecution. Id. 42.3.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed for want of prosecution

Opinion delivered and filed October 29, 1997

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