Bobby G. Boaz v. Alving R. Francis and Gayle L. Francis--Appeal from 7th District Court of Smith County

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MARY'S OPINION HEADING NO. 12-01-00154-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

BOBBY G. BOAZ,

 
APPEAL FROM THE 7TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

ALVING R. FRANCIS AND

GAYLE L. FRANCIS,

 
SMITH COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION (1)

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b) Appellant perfected his appeal on May 18, 2001. Thereafter, the record was filed on August 24, 2001, and by way of motions for extension of time, Appellant's brief was due on or before May 28, 2002. When Appellant failed to file his brief within the required time, this Court notified him on June 10, 2002 that the brief was past due, and it warned that if no motion for extension of time explaining the delay were received by June 20, 2002, the appeal would be dismissed for want of prosecution under Tex. R. App. P. 42.3(b).

As of June 27, 2002, 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 June 28, 2002.

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

 
DO NOT PUBLISH

1. See Tex. R. App. P. 47.1.