Danny Heckler v. Key Energy Services, Inc. ( 2009 )

Opinion filed November 19, 2009

Opinion filed November 19, 2009

                                                                        In The

    Eleventh Court of Appeals

                                                                  ___________

                                                          No. 11-09-00080-CV

                                                    __________

                                       DANNY HECKLER, Appellant

                                                             V.

                              KEY ENERGY SERVICES, INC., Appellee

                                        On Appeal from the County Court at Law

                                                         Midland County, Texas

                                                 Trial Court Cause No. CC14400

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

The trial court signed its judgment on March 6, 2009.  Neither a motion for new trial nor an affidavit of inability to pay costs on appeal was filed.  Appellant timely filed a notice of appeal, and the record was filed in this court on April 27, 2009.

Appellant=s brief was originally due to be filed in this court on May 27, 2009.  In a letter dated June 26, 2009, the clerk of this court advised the parties that appellant=s brief was past due, that the court on its motion had extended the due date to July 27, 2009, and that failure to file the brief could result in the dismissal of the appeal for want of prosecution.  As of this date, a brief has not been filed.

Therefore, the appeal is dismissed.  Tex. R. App. P. 38.8.

PER CURIAM

November 19, 2009

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.