Carl Mayland Holder v. Terri Lee Brooks ( 2008 )

Opinion issued June 5, 2008

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-07-00377-CV

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CARL MAYLAND HOLDER, Appellant

V.

TERRI LEE BROOKS, Appellees

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On Appeal from the 245th District Court

Harris County, Texas

Trial Court Cause No. 1988-12468

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MEMORANDUM OPINION

On March 21, 2008, we received a letter from appellant, stating that the case was being settled. Because no motion to dismiss was filed, on April 28, 2008, the Clerk of the Court issued a notice to appellant stating that unless, within 20 days of the date of the notice, the parties to the appeal demonstrated that there was a live controversy between them as to the merits of this appeal, the appeal would be dismissed.

Additionally, appellant's brief was due, but not filed on March 18, 2008. After being notified that this appeal was subject to dismissal for failure to file the brief, appellant did not adequately respond. See Tex. R. App. P. 42.3(b),(c)(allowing involuntary dismissal of case).

Accordingly, we dismiss the appeal for want of prosecution. Id.; Tex. R. App. P. 38.8(a)(1).

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley.