Bee Cave Crossroads, Ltd., a Texas Limited Partnership, and Walter R. Carrington v. Dwyer-Sanders Group Partners, A Texas General Partnership--Appeal from 345th District Court of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-533-CV
BEE CAVE CROSSROADS, LTD., A TEXAS LIMITED
PARTNERSHIP, AND WALTER R. CARRINGTON,

APPELLANTS

 
vs.
DWYER-SANDERS GROUP PARTNERS, A TEXAS GENERAL PARTNERSHIP,

APPELLEE

 
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT
NO. 92-00495, 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. 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 October 28, 1992. Appellants have not filed a statement of facts. Accordingly, appellants' brief was due thirty days after the filing of the transcript, on November 30, 1992. See Tex. R. App. P. 5(a). 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. 74(n). 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, Aboussie and B. A. Smith]

Dismissed for Want of Prosecution

Filed: January 20, 1993

[Do Not Publish]