W. Paul Dubose and Glenna Dubose v. Leon Central Appraisal District and Appraisal Review Board for Leon County--Appeal from 87th District Court of Leon County

IN THE

TENTH COURT OF APPEALS

No. 10-02-078-CV

W. PAUL DUBOSE

AND GLENNA DUBOSE,

Appellants

v.

LEON CENTRAL APPRAISAL DISTRICT

AND APPRAISAL REVIEW BOARD

FOR LEON COUNTY,

Appellees

From the 87th District Court

Leon County, Texas

Trial Court # 0-00-342

MEMORANDUM OPINION

Paul and Glenna Dubose filed an administrative protest of the Leon County Appraisal District s refusal to designate their land for agricultural use. After an adverse adminstrative determination by the Appraisal Review Board, they filed suit. The court granted the Appraisal District s and the Review Board s joint motion for summary judgment. The Duboses appealed.

The clerk s record was filed in this Court on April 25, 2002. The court reporter notified us by letter dated June 23 that the Duboses had never requested preparation of the reporter s record. We notified them by letter dated June 27 that the appeal would be submitted on the clerk s record alone if they did not make the necessary arrangements for the filing of the reporter s record. After they failed to respond, we notified them by letter dated July 17 that the appeal would be submitted on the clerk s record alone and their brief was due in thirty days. 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 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 the Duboses brief was due. We notified them of this defect by letter dated August 27, 2002. Id. 42.3, 44.3. They have not responded to our letter. 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 September 25, 2002

Do not publish

[CV06]