Arthur Harrison v. St. Paul Fire & Marine Insurance Company ( 2009 )

Opinion issued April 23, 2009

In The

Court of Appeals  

For The

First District of Texas  

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  NO. 01–06–00244–CV

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ARTHUR HARRISON, Appellant

V.

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellee

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On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 821203

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MEMORANDUM OPINIONOn December 22, 2008, this Court reinstated the appeal and ordered that appellant, Arthur Harrison, file his brief within 30 days. Appellant did not do so. On January 13, 2009, appellant filed a motion, in the form of a letter, requesting an extension of time. This Court struck the motion but sua sponte granted an additional 30-day extension of time for the filing of the brief. Accordingly, on March 25, 2009, the Clerk of this Court notified appellant that his appeal could be dismissed for want of prosecution if he did not file his brief and a motion for extension of time to file same by 5:00 p.m. on April 14, 2009. Appellant did not file his brief or a motion for extension by that date. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief).

          Accordingly, the appeal is dismissed for want of prosecution for appellant’s failure timely to file a brief. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case). Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.