Kathryn LuAnne P. Barnard v. City of Austin ( 1998 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 8 -00 289 -CV Kathryn LuAnne P. Barnard , Appellant v. City of Austin , Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. 97-07102 , HONORABLE MARGARET A. COOPER , JUDGE PRESIDING PER CURIAM Appellant's brief was due June 29, 1998. As of July 15, 1998, appellant had not tendered either a brief or a motion for extension of time within which to file a brief. See Tex. R. App. P. 38.6(d). By letter dated July 15, 1998, the Clerk of this Court notified appellant that unless appellant provided a reasonable explanation for the failure to file a brief by July 24, 1998 the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1). All parties have received more than ten days notice of the proposed dismissal; we have received no response. See Tex. R. App. P. 42.3. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Before Chief Justice Yeakel, Justices Jones and B. A. Smith Appeal Dismissed for Want of Prosecution Filed: September 17, 1998 Do Not Publish