Timothy James Winters v. Office of the Attorney General ( 2001 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-0 0 -00 628 -CV Timothy James Winters , Appellant v. Office of the Attorney General , Appellee FROM THE DISTRICT COURT OF LEE COUNTY, 335TH JUDICIAL DISTRICT NO. 10,711 , HONORABLE WILLIAM W. VANCE , JUDGE PRESIDING PER CURIAM Because appellant Timothy James Winters has failed to file a brief, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). The Clerk of this Court filed the clerk's record in this cause on September 27, 2000. Accordingly, appellant's brief was due on October 27, 2000. By letter dated November 6, 2000, the Clerk of this Court notified the parties that the appeal was subject to dismissal for want of prosecution unless appellant filed a brief by November 16, 2000 or tendered a motion for extension of time reasonably explaining the failure to do so. Thus far, appellant has submitted neither 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. See id. 42.3(b). Before Justices Kidd, B. A. Smith and Puryear Dismissed for Want of Prosecution Filed: January 25, 2001 Do Not Publish