T & K Properties, Inc. Terry Shook And Karen Steele v. Apante Investments ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO.03-01-00714-CV

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T & K Properties, Inc.; Terry Shook; and Karen Steele, Appellants

v.

Apante Investments, Appellee

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. GN101458, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

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Because appellants have failed to file a brief, we will dismiss their 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 January 24, 2002. Accordingly, appellant's brief was due on February 25, 2002. See Tex. R. App. P. 38.6(a).

By postcard dated March 21, 2002, 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 April 1, 2002, 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).

Bea Ann Smith, Justice

  Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

  Dismissed for Want of Prosecution

  Filed: May 2, 2002

  Do Not Publish