Viola Wells v. Kingsland Estates 1 Homeowner's Association ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-01-00311-CV

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Viola Wells, Appellant

v.

Kingsland Estates #1 Homeowner's Association, Appellee

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FROM THE COUNTY COURT AT LAW OF LLANO COUNTY NO. 01499, HONORABLE J. P. DODGEN, JUDGE PRESIDING

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Because appellant Viola Wells has failed to file an appellant's brief, we will dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).

The Clerk of this Court filed appellant's notice of appeal on May 25, 2001. The clerk's record was filed on August 17, and the reporter's record was filed on October 17, 2001. Accordingly, appellant's brief was due November 16.

On November 6, 2001, appellant's counsel filed a motion to withdraw along with a motion for extension of time to file an appellant's brief. Both motions were granted, and the deadline for filing the appellant's brief was extended to December 17, 2001. Appellant, however, failed to comply with this extended deadline.

On March 21, 2002, this Court ordered appellant to provide a reasonable explanation by April 2 for her failure to timely file a brief and warned her that failure to provide a reasonable explanation would result in the dismissal of this appeal for want of prosecution. To date, appellant has filed neither a brief nor a reasonable explanation for her failure to timely 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: April 25, 2002

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