Robert and Debra Wilcots v. Crystal Howell--Appeal from 124th District Court of Gregg County

NO. 12-07-00333-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROBERT AND DEBRA WILCOTS, APPEAL FROM THE 124TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

CRYSTAL HOWELL,

APPELLEE GREGG COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellants perfected their appeal on August 21, 2007. Thereafter, the reporter s record was filed on November 9, 2007, making Appellants brief due on or before December 10, 2007. When Appellants failed to file their brief within the required time, this court notified them on December 20, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by January 2, 2008, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 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 not filed a motion for extension of time to file their brief, and the deadline for filing such a motion has now passed. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered January 23, 2008.

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

(PUBLISH)