Alvin Alexander a/k/a Sabian Alexander v. Caritas of Austin--Appeal from County Court at Law No. 1 of Travis County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00053-CV Alvin Alexander a/k/a Sabian Alexander, Appellant v. Caritas of Austin, Appellee FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-10-011331, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING MEMORANDUM OPINION Appellant s brief was due in this Court on May 25, 2011, and is overdue. If an appellant fails to file a brief, this Court may dismiss the appeal for want of prosecution unless the appellant reasonably explains the failure and appellee is not significantly injured by that failure. See Tex. R. App. P. 38.8(a)(1). On June 29, 2011, we sent notice to appellant that his brief was overdue and that the appeal may be dismissed if appellant did not submit a proper motion to this Court on or before July 11, 2011. On July 9, the notice was returned to this Court as undeliverable. We have been unable to locate a forwarding address for appellant. Nor have we received any communication from appellant in the more than seven months since his notice of appeal was filed. Because appellant has not filed his brief, provided this Court with a means to reach him, or contacted this Court in any manner in the more than seven months since his notice of appeal was filed, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). _____________________________________________ Bob Pemberton, Justice Before Chief Justice Jones, Justices Pemberton and Henson Dismissed for Want of Prosecution Filed: August 31, 2011 2
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