Opinion
No. 05-05-00053-CV
Opinion Filed August 17, 2005.
On Appeal from the 134th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-02547-G.
Dismiss.
Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.
MEMORANDUM OPINION
A review of this appeal shows the notice of appeal was filed January 10, 2005. Appellant's brief was due April 30, 2005. Appellant's motion to extend time was granted, and the time for filing appellant's brief was extended to May 30, 2005. When appellant failed to file his brief, the Court sent him a letter, dated June 20, 2005, instructing him to file his brief within ten days. The letter cautioned appellant that the failure to do so would result in the appeal being dismissed. On July 7, 2005, the Court received appellant's motion, sent by facsimile, seeking to extend time to file his brief. In the motion, appellant stated he anticipated the brief would be filed July 8, 2005. Appellant did not submit a filing fee for the motion nor did he pay the fax fee. On July 7, 2005, the Court sent appellant a letter instructing him to pay the fax fee and the motion fee; the letter stated the motion would not be considered unless the fees were paid. Appellant did not respond.
In a letter dated July 27, 2005, the Court instructed appellant that the appeal could not proceed without an appellant's brief on file. We cautioned appellant that the Court would dismiss this case if appellant failed to file a brief. See Tex.R.App.P. 38.8(a)(1), 42.3. We instructed appellant to file his brief and a timely motion to extend time to file the brief, accompanied by the $10 filing fee, on or before August 6, 2005. We informed appellant that the failure to do so would result in this appeal being dismissed for want of prosecution without further notice to appellant. To date, appellant has not responded.
On April 22, 2005, appellant checked out the clerk's record. To date, appellant has not returned the record despite the Clerk's phone calls requesting he do so. Appellant is ORDERED to return the clerk's record in this appeal within ten (10) days of the date of this opinion. Should appellant fail to do so, the Court will take whatever steps necessary to ensure the record is returned, including but not limited to ordering appellant to show cause as to why he should not be held in contempt for failing to obey this Court's order.
We DISMISS this appeal for want of prosecution. See Appendix to the Tex.R.App.P. B(1)(a); Tex.R.App.P. 5, 38.8, and 42.3.