Milton Watkin v. Dallas County Juvenile Services--Appeal from 193rd District Court of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-00-076-CV

MILTON WATKIN,

Appellant

v.

DALLAS COUNTY JUVENILE SERVICES,

Appellee

From the 193rd District Court

Dallas County, Texas

Trial Court # DV98-08609-L

MEMORANDUM OPINION

Milton Watkin sued his employer, Dallas County Juvenile Services (Dallas County), for a declaratory judgment, for breach of contract and for due process violations. Dallas County filed a motion for summary judgment and a plea to the jurisdiction. On September 24, 1999, the trial court granted Dallas County s motion for summary judgment.

Watkin filed a notice of appeal on October 22, 1999. The clerk s record was filed on January 4, 2000. No reporter s record was made. Thus, Watkins s brief was due on February 3, 2000. Tex. R. App. P. 37.3(c). No brief was filed. We notified Watkins of this defect by letter on March 9, 2000, and warned him that his appeal may be dismissed for want of prosecution. Id. 42.3, 44.3. By letters on March 24, 2000, and April 12, 2000, we again warned Watkins that his appeal would be dismissed if he did not file a brief within ten days from the date of our letters. Id. To date, no brief has been filed.

Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file his brief, the Court may:

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 Watkin s brief was due. He has not responded to our letters requesting his brief, nor has he provided a reasonable explanation for failing to file a brief. Id. 42.3, 38.8(a)(1). Therefore, this appeal is dismissed for want of prosecution. Id. 38.8(a)(1).

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed May 31, 2000

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