4R Oil Company and J. Allen Reese v. Dr. Clanton Harrison--Appeal from 124th District Court of Gregg County

NO. 12-04-00017-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

4OIL COMPANY AND

J. ALLEN REESE, APPEAL FROM THE 124TH

APPELLANTS

V. JUDICIAL DISTRICT COURT OF

DR. CLANTON HARRISON,

APPELLEE GREGG COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellants perfected their appeal on January 16, 2004. By way of extension, Appellants brief was due on or before May 12, 2004. When Appellants failed to file their brief within the required time, this Court notified them on May 14, 2004 that the brief was past due and warned that if no motion for extension of time to file the brief were received by May 24, 2004, the appeal would be dismissed for want of prosecution pursuant to Texas Rule of Appellate Procedure 42.3(b). 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, Appellant has neither responded to the notice or filed a motion for extension of time. Accordingly, we dismiss the appeal for want of prosecution pursuant to Rules of Appellate Procedure 38.8(a)(1) and 42.3.(b).

Opinion delivered May 28, 2004.

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

(PUBLISH)