in the Interest of C.K.T., T.M.T. and V.M.T., Children ( 2005 )

NO. 07-05-0275-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
DECEMBER 8, 2005
______________________________
IN THE INTEREST OF C.K.T., T.M.T., AND V.M.T.
_________________________________
FROM THE 46TH DISTRICT COURT OF WILBARGER COUNTY;
NO. 23,501; HONORABLE TOM NEELY, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant, Freddie L. Thrash, filed a notice of appeal from a final decree entered on
April 28, 2005. The appellate record was complete on filing of the reporter’s record
October 7, 2005. See TEX . R. APP . P. 34.1. By letter dated November 22, 2005, the clerk
of this court notified counsel for appellant that appellant’s brief was due November 7, 2005,
but had yet to be filed. See TEX . R. APP . P. 38.6(a). The letter further advised appellant
that the appeal would be subject to dismissal for want of prosecution if the brief, or a
response reasonably explaining the failure to file a brief with a showing that appellee had
not been injured by the delay, was not filed by December 2, 2005. No brief, motion for
extension or other response has been received.1
Accordingly, we now dismiss the appeal for want of prosecution and failure to
comply with a directive of the court. See TEX . R. APP . P. 38.8(a)(1) and 42.3(b), (c).
Mackey K. Hancock
Justice
1
Appellant filed a Notice of Withdrawal of Appeal on November 4, 2005 but the
Court was not able to act on the motion without the appropriate fee being paid. See Tex.
Gov’t Code § 51.207(c)(4).
2