Sandra Pat Jenkins v. Don Davis Body Shop ( 2003 )

  COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-03-036-CV

SANDRA PAT JENKINS                                                          APPELLANT

V.

DON DAVIS BODY SHOP                                                          APPELLEE

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FROM THE 348^TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        Appellant Sandra Pat Jenkins's brief was initially due on July 23, 2003. On July 30, 2003, and September 16, 2003, we notified Jenkins that her brief had not been filed as required by rule 38.6(a). See Tex. R. App. P. 38.6(a). On October 2, 2003, we granted Appellant's second request for an extension of time to file her brief and ordered the brief filed by October 10, 2003. Our order expressly stated that we would dismiss the appeal for want of prosecution if appellant again failed to timely file her brief. See Tex. R. App. P. 38.8(a)(1). To date, appellant has not filed her brief or another motion to extend the time to file her brief.

        Appellee Don Davis Body Shop filed an “Amended Motion for Involuntary Dismissal of Appeal & Attorney Fees” on October 7, 2003. That motion is GRANTED to the extent that, because appellant’s brief has not been filed, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b)-(c).

        Appellant shall pay all costs of this appeal, for which let execution issue.

                                                                  PER CURIAM

PANEL D:   WALKER, J.; CAYCE, C.J.; and SAM J. DAY, J. (Retired, Sitting by Assignment)

DELIVERED: November 13, 2003

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NOTES

1. See Tex. R. App. P. 47.4.