Phyllis Rich v. Jack Seeley--Appeal from 82nd District Court of Falls County

IN THE

TENTH COURT OF APPEALS

No. 10-01-056-CV

PHYLLIS RICH,

Appellant

v.

JACK SEELEY,

Appellee

From the 82nd District Court

Falls County, Texas

Trial Court # 33,392-D

MEMORANDUM OPINION

Phyllis Rich filed suit against Jack Seeley seeking a divorce from the parties alleged common-law marriage. Following a bench trial, the court rendered judgment that the parties did not have a common-law marriage. Rich appeals.

Rich timely filed a notice of appeal. The clerk s record was filed in this Court on March 8, 2001, and the reporter s record was filed on May 7. Rich filed one motion for an extension of time to file her brief, which we granted on June 13. Following this extension, Rich s brief was due on June 25. To date, no appellant s brief has been filed. See Tex. R. App. P. 38.6(a).

Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file her 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 Rich s brief was due. We notified her of this defect by letter dated September 17, 2001. Id. 42.3, 44.3. She 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. 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 January 16, 2002

Do not publish

[CV06]