Rafael Acosta, Olga T. De Acosta and Rafael F. Acosta, Individually v. State of Texas and its Attorney General, on behalf of the Texas Employment Commission--Appeal from 353rd District Court of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS
AT AUSTIN
NO. 3-91-585-CV
RAFAEL ACOSTA, OLGA T. De ACOSTA AND
RAFAEL F. ACOSTA, INDIVIDUALLY,

APPELLANTS

 
vs.
STATE OF TEXAS AND ITS ATTORNEY GENERAL
ON BEHALF OF THE TEXAS EMPLOYMENT COMMISSION,

APPELLEES

 
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT
NO. 91-1002, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING

PER CURIAM

 

This is a dismissal for want of prosecution.

Generally, an appellant must file his brief within thirty days after the filing of the transcript and statement of facts, if any. Tex. R. App. P. Ann. 74(k) (Pamph. 1992). If the appellant fails to file his brief within the prescribed time, the appellate court may dismiss the appeal for want of prosecution, unless the appellant shows a reasonable explanation for failing to file the brief and the appellee has not suffered material injury. Tex. R. App. P. Ann. 74(l)(1) (Pamph. 1992).

The transcript in this cause was filed on December 30, 1991. Appellants have not filed a statement of facts. Accordingly, appellants' brief was due no later than January 29, 1992. Appellants have not filed their brief. Moreover, appellants have not filed a motion for extension of time showing a reasonable explanation for their omission. See Tex. R. App. P. Ann. 74(n) (Pamph. 1992). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App. 1976, writ dism'd w.o.j.).

 

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed for Want of Prosecution

Filed: March 18, 1992

[Do Not Publish]