Mid Century Insurance Company of Texas v. Betty R. McDonald ( 2003 )

MARY'S OPINION HEADING NO. 12-02-00356-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MID CENTURY INSURANCE

COMPANY OF TEXAS,

§ APPEAL FROM THE 123RD

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

BETTY R. MCDONALD,

APPELLEE

§ PANOLA COUNTY, TEXAS

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MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected his appeal on November 21, 2002. Thereafter, the record was filed on February 19, 2003, making Appellant's brief due on or before March 21, 2003. When Appellant failed to file his brief within the required time, this court notified him on March 28, 2003 that the brief was past due, and it warned that if no motion for extension of time explaining the delay was received by April 7, 2003, the appeal would be dismissed for want of prosecution under Tex. R. App. P. 42.3(b).

As of April 9, 2003, Appellant has neither tendered its 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).

Opinion delivered April 9, 2003.

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

(PUBLISH)