Keela Bowen Carter v. Gary M. Horndeski, M.D ( 2005 )

Dismissed and Memorandum Opinion filed February 24, 2005

Dismissed and Memorandum Opinion filed February 24, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00685-CV

____________

KEELA BOWEN CARTER, Appellant

V.

GARY M. HORNDESKI, M.D., Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 03-CV-129951A

M E M O R A N D U M  O P I N I O N

This is an appeal from an order of dismissal signed February 9, 2004.  The order was made final by an order of severance signed April 7, 2004. Appellant filed a timely motion for new trial.  The clerk=s record was filed on August 5, 2004.  Appellant=s brief was due thirty days after the record was filed.  See Tex. R. App. P. 38.6.  Appellant was granted three extensions of time to file her brief until January 3, 2005. The court noted that no further extensions of time would be granted absent exceptional circumstances. 

On January 13, 2005, this court issued an order stating that unless appellant submitted her brief, together with a motion reasonably explaining why the brief was late, on or before January 31, 2005, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  Appellant filed another extension request, citing counsel=s continued health problems.  This court granted a final extension of time until February 10, 2005, in order for appellant to obtain additional counsel.  No brief, extension request, or notice of new or additional counsel has been received.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 24, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.