Kenneth Ivory Doughty v. Jimmy Kersh, et al--Appeal from 349th District Court of County

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MARY'S OPINION HEADING NO. 12-02-00199-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

KENNETH IVORY DOUGHTY,

 
APPEAL FROM THE 349TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

JIMMY KERSH, ET AL.,

APPELLEES

 
HOUSTON COUNTY, TEXAS
MEMORANDUM OPINION (1)

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant timely perfected his appeal, and the record was filed on July 16, 2002, making Appellant's brief due on or before August 15, 2002. When Appellant failed to file his brief within the required time, this court notified him on August 19, 2002 that his brief was past due, and it warned that if no response explaining the delay was received by August 30, 2002, the appeal would be dismissed for want of prosecution under Tex. R. App. P. 42.3(b). Prior to August 30, Appellant mailed a motion for extension of time to file his brief, which was received by the court on September 4, 2002. Appellant's motion was granted, and the time for filing his brief was extended to September 9, 2002.

Appellant mailed his brief on September 9, and the Court received the brief on September 11, 2002. However, Appellant's brief failed to comply with Tex. R. App. P. 38.1(a)(g)&(j). On September 11, the court notified Appellant that his brief was defective, and it warned that if an amended brief was not filed on or before September 20, 2002, the appeal would be dismissed for want of prosecution. As of October 23, 2002, Appellant had not filed his amended brief or a motion to extend the time for filing. Therefore, this court again notified Appellant that his appeal would be dismissed for want of prosecution unless a motion for extension of time was filed no later than November 4, 2002. As of November 7, 2002, Appellant has not tendered a motion for extension of time or 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 November 8, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 
(DO NOT PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
November 8, 2002
NO. 12-02-00199-CV
KENNETH IVORY DOUGHTY,
Appellant
V.
JIMMY KERSH, ET AL.,
Appellees
Appeal from the 349th Judicial District Court
of Houston County, Texas. (Tr.Ct.No. 02-0092)
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed; that all costs of this appeal are hereby assessed against Appellant,Kenneth Ivory Doughty, for which execution may issue; and that this decision be certified to the court below for observance.

By memorandum opinion.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 

1. See Tex. R. App. P. 47.1.1