Steven Howard Palmer v. State of Texas and the Office of the Attorney General, on behalf of the Texas Employment Commission--Appeal from 147th District Court of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-049-CV
STEVEN HOWARD PALMER,

APPELLANT

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

APPELLEES

 
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NO. 91-4294, HONORABLE HUME COFER, JUDGE

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 January 29, 1992. Accordingly, appellant's brief was due thirty days later, on February 28, 1992. Appellant has not filed his brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for his 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 Justices Powers, Jones and Kidd]

Dismissed for Want of Prosecution

Filed: April 15, 1992

[Do Not Publish]