Estate of Annie Mae McGinnis v. Joyce M. Starling, M.D. ( 2002 )

MARY'S OPINION HEADING NO. 12-01-00298-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ESTATE OF ANNIE MAE MCGINNIS,

§ APPEAL FROM THE FOURTH

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

JOYCE M. STARLING, M.D.,

APPELLEE

§ RUSK COUNTY, TEXAS

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MEMORANDUM OPINION ⁽¹⁾

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected this appeal on or about October 19, 2001. When Appellant failed to secure the filing of the reporter's record, this court notified Appellant, on March 4, 2002, that the case would be submitted on the clerk's record alone and that Appellant's brief was due on or before April 1, 2002. When Appellant failed to file her brief within the required time, this court notified her on April 3, 2002, that the brief was past due, and it warned that if Appellant failed to provide a response explaining the delay by April 15, 2002 , the appeal would be dismissed for want of prosecution under Tex. R. App. P. 42.3(b).

As of April 22, 2002, Appellant has neither tendered her brief nor otherwise responded to this court's notice. Accordingly, Appellant's appeal is dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3.(b).

Per Curiam

Delivered April 25, 2002.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

DO NOT PUBLISH

1. See Tex. R. App. P. 47.1.