Kenneth L. Dyson v. Wilson and Novella Gouger--Appeal from 3rd District Court of Anderson County

MARY'S OPINION HEADING NO. 12-01-00062-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

KENNETH L. DYSON,

 
APPEAL FROM THE THIRD

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

WILSON AND NOVELLA GOUGER,

APPELLEES

 
ANDERSON COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected this appeal on March 5, 2001. Thereafter, the record was filed on May 4, 2001, making Appellant's brief due on or before June 4, 2001. By way of extensions of time, the deadline for Appellant's brief was extended to October 8, 2001 with no further extensions allowed. On October 9, 2001, the Court received Appellant's brief. However, the brief failed to comply with Tex. R. App. P. 38.1(a) & (c). On October 9, 2001, this Court notified Appellant that his brief failed to comply with Tex. R. App. P. 38.1(a) & (c), and it warned that if he failed to correct the defect on or before October 12, 2001, his brief would be deemed past due and the appeal would be dismissed for failure to timely file the brief.

As of October 30, 2001, Appellant has neither amended the brief correcting the aforementioned defect 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 October 31, 2001.

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

 
DO NOT PUBLISH