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

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-01-00311-CV
Viola Wells, Appellant
v.
Kingsland Estates #1 Homeowner=s Association, Appellee
FROM THE COUNTY COURT AT LAW OF LLANO COUNTY
NO. 01499, HONORABLE J. P. DODGEN, JUDGE PRESIDING
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
Do Not Publish
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