in Re: Mauritta Banks ( 2002 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-01-00117-CV ______________________________

IN RE: MAURITTA BANKS, DECEASED

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On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 2001-090

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Before Cornelius, C.J., Grant and Ross, JJ.

Opinion by Justice Grant

O P I N I O N

Sharai Lewis filed an appeal from an order entered in a probate proceeding. The clerk's record was filed on September 4, 2001, and the reporter's record was filed on December 17, 2001. The brief was therefore due on or before January 16, 2002. Counsel filed two Motions to Extend Time to file the brief, which were granted. The final extension expired on March 18, 2002. On April 5, 2002, we sent a letter to counsel reminding him of the due date of his brief and directing him to file a brief to arrive at this court within fifteen days of the date of the letter, along with a reasonable explanation for the delay. We also informed counsel that unless this occurred, the appeal would be subject to dismissal for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1). As of the date of this opinion, no brief has been filed, and counsel has not otherwise followed the directives of this court.

The appeal is dismissed for want of prosecution.

Ben Z. Grant

Justice

Date Submitted: April 30, 2002

Date Decided: April 30, 2002

Do Not Publish

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Date Submitted: February 12, 2002

Date Decided: February 12, 2002

Do Not Publish

1. We have been informed that Judge Carter has now appointed counsel to represent Frischenmeyer in connection with his motion.