Marilyn Roth v. Michael Stephen Williams ( 1998 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 7 -00 439 -CV Marilyn Roth , Appellant v. Michael Stephen Williams , Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. 373,554 , HONORABLE MARY PEARL WILLIAMS , JUDGE PRESIDING PER CURIAM Appellant, Marilyn Roth appeals from a judgment of the trial court in favor of appellee Michael Stephen Williams. Because appellant has failed to file a brief, we will dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1), 42.3(b). The Clerk of this Court filed the reporter's record in this cause on October 14, 1997. Accordingly, appellant's brief was due on Thursday, November 13, 1997. See Tex. R. App. P. 38.6(a)(2). By letter dated December 3, 1997, the clerk of this Court notified the parties that appellant's brief was overdue and that the appeal was subject to dismissal unless appellant tendered a motion for extension of time reasonably explaining the failure to file a brief. Thus far, appellant has neither submitted a brief nor a motion for extension of time to file a brief. Accordingly, we dismiss the appeal for want of prosecution on our own motion. Tex. R. App. P. 42.3(b). Before Chief Justice Yeakel, Justices Aboussie and Jones Dismissed for Want of Prosecution Filed: June 4, 1998 Do Not Publish