From Casetext: Smarter Legal Research

DAO v. STATE

Court of Appeals of Texas, Fifth District, Dallas
May 10, 2004
No. 05-03-01412-CV (Tex. App. May. 10, 2004)

Opinion

No. 05-03-01412-CV.

Opinion Filed May 10, 2004.

On Appeal from the 292nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. CV03-00743-V.

Dismissed.

Before Justices FITZGERALD, RICHTER, and LANG.


MEMORANDUM OPINION


Appellant filed his original brief with the Court on February 2, 2004. Thereafter the Clerk of this Court reviewed the brief and, in a letter dated February 18, 2004, notified appellant that his brief was deficient in the requirements of appellate rule 38.1. Appellant was instructed to amend his deficient brief within ten days. Appellant did not respond. In a letter dated April 13, 2004, appellant was instructed to file the amended brief, correcting all the deficiencies listed in the February 18, 2004 letter, within ten days. Appellant was informed that failure to file an amended brief would result in his brief being struck for non-compliance with the appellate rules and the Court would dismiss this appeal for want of prosecution without further notice. Appellant has failed to file an amended brief or respond in any manner to the Court's letter of April 13, 2004 letter. Accordingly, we STRIKE appellant's defective brief filed with this Court on February 2, 2004. See Tex.R.App.P. 9.4(i). We DISMISS this appeal for want of prosecution, for appellant's failure to comply with the appellate rules, and for appellant's failure to respond to a notice from the Clerk requiring action within a specified time. See Tex.R.App.P. 38.8(a)(1), 42.3(b),(c).


Summaries of

DAO v. STATE

Court of Appeals of Texas, Fifth District, Dallas
May 10, 2004
No. 05-03-01412-CV (Tex. App. May. 10, 2004)
Case details for

DAO v. STATE

Case Details

Full title:HUNG DAO v. THE STATE OF TEXAS

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 10, 2004

Citations

No. 05-03-01412-CV (Tex. App. May. 10, 2004)

Citing Cases

Meyer v. State

See TEX.R.APP. P. 42.3(b), (c);see generally Stavinoha v. State, 82 S.W.3d 690 (Tex. App.-Waco 2002, no…