Diane Martinez v. Romeo Martinez ( 2005 )

Opinion filed December 8, 2005

Opinion filed December 8, 2005

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-05-00199-CV

                                                    __________

                                      DIANE MARTINEZ, Appellant

                                                             V.

                                      ROMEO MARTINEZ, Appellee

                                  On Appeal from the County Court at Law No. 2

                                                           Ector County, Texas

                                              Trial Court Cause No. CC2-17,646

                                             M E M O R A N D U M   O P I N I O N

This is an appeal from a divorce decree.  We dismiss the appeal for want of prosecution.

The trial court signed the decree on June 21, 2005.  Diane Martinez timely perfected an appeal.  A motion for new trial was not filed.  The clerk=s record was filed in this court on September 22, 2005; and the reporter=s record was filed on September 23, 2005.  Diane=s brief was originally due to be filed in this court on or before October 24, 2005.  This court on its own motion extended the due date to December 1, 2005. In our letter of November 1, 2005, extending the due date, Diane was informed that the failure to file her brief by the new December 1 due date may result in the dismissal of her appeal for want of prosecution.  Diane has failed to file either a brief or a motion for extension of time.

Therefore, the appeal is dismissed for want of prosecution.  TEX.R.APP.P. 38.8(a)(1) & 42.3.

PER CURIAM

December 8, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.