No. 12-04-00017-CV.Court of Appeals of Texas, Twelfth District, Tyler.
Opinion delivered May 28, 2004.
Appeal from the 124th Judicial District Court of Gregg County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
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).