Bennie Finister v. Eva G. Birdow, et al--Appeal from 349th District Court of Anderson County

MARY'S OPINION HEADING NO. 12-00-00341-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

BENNIE FINISTER,

 
APPEAL FROM THE 349TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

EVA G. BIRDOW, ET AL.,

APPELLEES

 
ANDERSON COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected his appeal on November 16, 2000. Thereafter, the record was filed on January 30, 2001, making Appellant's brief due on or before March 1, 2001. By way of extensions of time, the deadline was extended to July 23, 2001. When Appellant failed to file his brief on or before July 23, this Court notified him on August 2, 2001 that the brief was past due, and it warned that if no response explaining the delay was received by August 17, 2001, the appeal would be dismissed for want of prosecution under Tex. R. App. P. 42.3(c) and Tex. R. App. P. 38.8(a)(1).

As of August 24, 2001, Appellant has neither tendered his brief nor otherwise responded to this Court's notice. Accordingly, Appellant's appeal is dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3.(b).

Opinion delivered September 5, 2001.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
DO NOT PUBLISH