Dale Alan Curtis v. William J. Kountz

NO. 07-07-0410-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

NOVEMBER 16, 2007 ______________________________

DALE ALAN CURTIS,

Appellant

V.

WILLIAM J. KOUNTZ, et al.,

Appellees

_________________________________ FROM THE 172^nd DISTRICT COURT OF JEFFERSON COUNTY;

NO. E-172991; HONORABLE DONALD FLOYD, JUDGE _______________________________

MEMORANDUM OPINION _______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Dale Alan Curtis, appellant, appealed from a final judgment of the trial court. We dismiss the appeal.

The clerk's record was filed with this court on September 24, 2007. No reporter's record was filed. Appellant's brief, therefore, was due on October 24, 2007. By letter dated October 31, 2007, we notified appellant that the due date for the brief had passed, that the brief had not been filed and that no motion for extension of time to file the brief had been received by the court. Citing Texas Rule of Appellate Procedure 38.8, we also informed appellant that the appeal would be subject to dismissal unless a response reasonably explaining his failure to file a brief was filed by November 12, 2007. To date, appellant has filed neither a response to the court's October 31st letter, a brief nor a motion requesting an extension of the lapsed deadline.

Accordingly, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); 42.3(b).

Brian Quinn

Chief Justice

prises, Inc. filed a notice of appeal on November 18, 2003. According to the pertinent district clerk, appellant did not submit a written designation for the record or pay or make arrangements to pay for the record under Texas Rule of Appellate Procedure 35.3(a)(2). ⁽¹⁾ Nor did he file an affidavit of indigence per Texas Rule of Appellate Procedure 20.1. By letter from this Court dated December 30, 2003, we informed counsel for appellant that "unless appellant files proof with this court by January 9, 2004, that this requirement (arrangements for payment of the record) has been satisfied . . . the cause will be dismissed for want of prosecution . . . ." Tex. R. App. P. 42.3(c). The deadline lapsed, and the proof required was not received.   

Accordingly, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).

Per Curiam

1. The court reporter has also indicated that appellant has yet to file a written designation for the record or pay or make arrangements to pay for the record.