Leone Plummer v. Charlene J. Reeves ( 2002 )

NO. 07-01-0472-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 11, 2002
______________________________
LEONE PLUMMER,
Appellant
v.
CHARLENE J. REEVES,
Appellee
_________________________________
FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY;
NO. 37,904-C; HON. PATRICK A. PIRTLE, PRESIDING
_______________________________
Before QUINN and REAVIS, JJ. and BOYD, SJ.1
Appellant Leone Plummer filed a notice of appeal on November 27, 2001. The
clerk’s and reporter’s records were filed on September 18, 2002, and Plummer’s brief was
due to be filed on October 18, 2002. It was not filed but instead Plummer’s husband, who
is not a licensed attorney, purported to represent her by seeking an extension of time to
file the brief. On November 13, 2002, this court requested Plummer and her husband to
1
John T. Boyd, Chief Jus tice (R et.), Se venth Court o f Appea ls, sitting by assignm ent. TEX . G O V ’T C O D E
A N N. §75.0 02(a )(1) (V erno n Su pp. 2002 ).
show proof he was a licensed attorney. In response, we received a document entitled
“Appeals Brief” signed by Plummer’s husband.
By letter dated November 25, 2002, we notified Plummer that the brief had been
struck because her husband lacked the legal authority to act on her behalf. So too did we
order Plummer to file her brief on or before December 9, 2002, or the appeal would be
dismissed. No brief or other response has been received.
Accordingly, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure
38.8(a)(1) for want of prosecution.
Per Curiam
Do not publish.
2