Charlotte Wilbanks v. Edward G. Wilbanks, Sr.

Wilbanks v. Wilbanks

IN THE

TENTH COURT OF APPEALS

No. 10-95-58-CV

     CHARLOTTE WILBANKS,

                                                                                              Appellant

     v.

     EDWARD G. WILBANKS, SR.,

                                                                                              Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 94-03900-CV

MEMORANDUM OPINION

      Charlotte Wilbanks appealed from an order denying her petition for divorce from Edward Wilbanks, Sr. The court signed the order on November 18, 1994, making her prematurely filed notice of appeal of June 23 effective. See Tex. R. App. P. 41(c). The record was due on January 17, 1995, but was not filed until March 16, 1995. See id. 54(a). Although her brief was due on February 16, no appellant's brief has been filed. See id. 74(k). Appellate Rule 74(l)(1) provides:

Civil Cases. In civil cases, when the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless reasonable explanation is shown for such failure and that appellee has not suffered material injury thereby. The court may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.

Id. 74(l)(1).

      More than thirty days have passed since Charlotte's brief was due. We notified her of this defect by letter on April 28. See id. 60(a)(2), 83. She has not responded to our letter showing grounds for continuing the appeal, nor has she provided a reasonable explanation for failing to file a brief. Therefore, this appeal is dismissed for want of prosection. See id. 74(l)(1).

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed for want of prosecution

Opinion delivered and filed May 11, 1995

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