Gun Barrel City Economic Development Corporation, Jan Flowers, Art Kaikonnen, Craig Bastas, Carrie Cron, and Terry Ellis, Individually v. City of Gun Barrel City, Texas--Appeal from 173rd District Court of Henderson County

MARY'S OPINION HEADING NO. 12-03-00237-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

GUN BARREL CITY ECONOMIC

DEVELOPMENT CORPORATION,

JAN FLOWERS, ART KAIKONNEN,

 
APPEAL FROM THE 173RD

CRAIG BASTAS, CARRIE CRON,

AND TERRY ELLIS, INDIVIDUALLY,

APPELLANTS

 

V.

 
JUDICIAL DISTRICT COURT OF

CITY OF GUN BARREL CITY, TEXAS

APPELLEE

 
HENDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(c). Appellants perfected their appeal on July 8, 2003. Thereafter, the clerk's record was filed on July 18, 2003, and the deadline for filing the reporter's record was extended until October 20, 2003. The reporter's record was not filed, and this Court notified Appellants on October 24, 2003 that the case would be submitted on the clerk's record alone. Appellants were further notified that their brief was due to be filed on or before November 24, 2003. When Appellants failed to file their brief within the required time, this Court notified them on December 2, 2003 that the brief was past due and warned that if no motion for extension of time to file the brief were received by December 12, 2003, the appeal would be dismissed for want of prosecution under Tex. R. App. P. 42.3(c). The notice further informed Appellants that the motion for extension of time must contain a reasonable explanation for their failure to file the brief and a showing that Appellee had not suffered material injury thereby.

 

To date, Appellants have neither filed their brief or responded to the notice. Accordingly, we dismiss the appeal for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3.(c).

 

Opinion delivered December 17, 2003.

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

 
(PUBLISH)