In the Matter of Debra Jermyn and on behalf of her Minor Children J.J. and J.J.--Appeal from County Court at Law No 2 of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-01-213-CV

IN THE MATTER OF

DEBRA JERMYN AND ON BEHALF

OF HER MINOR CHILDREN, J.J. AND J.J.

From the County Court at Law No. 2

Johnson County, Texas

Trial Court # D200100084

MEMORANDUM OPINION

Keith James Jermyn filed a notice of appeal on July 19, 2001. The clerk s record was filed on September 18, 2001. The reporter s record was filed on November 1, 2001. Jermyn s brief was due December 1, 2001. The time has passed for Jermyn to file a brief, and he has not filed a brief or a motion for extension of time to file the brief.

On December 17, we informed Jermyn that this cause would be dismissed for want of prosecution unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Tex. R. App. P. 38.8(a)(1). We have not received a response.

Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file a 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).

We have not received any communication from Jermyn since September. Accordingly, we dismiss the appeal for want of prosecution. Id. 38.8(a)(1). Costs are taxed against Jermyn.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed January 23, 2002

Do not publish

[CV06]