Donald J. Hornberger v. State of Texas--Appeal from 26th District Court of Williamson County

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IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-297-CV
DONALD J. HORNBERGER,

APPELLANT

 
vs.
STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL
DISTRICT
NO. 90-146-C26, HONORABLE WILLIAM S. LOTT, 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. 74(k). 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. 74(l)(1).

The transcript in this cause was filed on June 16, 1992. Appellant has not filed a statement of facts. Accordingly, appellant's brief was due thirty days after the filing of the transcript, on July 16, 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. 74(n). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App.--Austin 1976, writ dism'd w.o.j.).

 

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

Dismissed for Want of Prosecution

Filed: August 31, 1992

[Do Not Publish]

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