Opinion
No. 12-05-00255-CV
Opinion delivered November 16, 2005.
Appeal from the 241st Judicial District Court of Smith County, Texas, (Tr.Ct. No. 04-3434-C).
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
This accelerated appeal is being dismissed for want of prosecution. TEX. R. APP. P. 42.3(b). Appellant perfected his appeal on June 16, 2005. Thereafter, the clerk's record was filed on August 18, 2005, making Appellant's brief due on or before September 7, 2005. Upon Appellant's motion, the time for filing his brief was extended until October 27, 2005. When Appellant failed to file his brief within the required time, this Court notified him on November 1, 2005 that the brief was past due and warned that if no motion for extension of time to file the brief were received by November 14, 2005, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.
To date, Appellant has not filed his brief or filed a motion for extension of time. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b).
J.25 CIVIL — REVERSED DISMISSED WITHOUT PREJUDICE Each party pays their own way in both courts.
JUDGMENT
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, DISMISSED; that all costs of this appeal are hereby assessed against Appellant, Mandell Rhodes, Jr., for which execution may issue; and that this decision be certified to the court below for observance.
THE STATE OF TEXAS MANDATE * * * * * * * * * * * * * * * * * * * * * * * * *
TO THE 241ST JUDICIAL DISTRICT COURT OF SMITH COUNTY, GREETINGS:
Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 16th day of November, 2005, the cause upon appeal to revise or reverse your judgment between
MANDELL RHODES, JR., Appellant
NO. 12-05-00255-CV; Trial Court No. 04-3434-C
By per curiam opinion.
RISSIE OWENS, ALVIN SHAW AND CHARLES SPEIER, Appellees
was determined; and therein our said Court made its order in these words:
"THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed; that all costs of this appeal are hereby assessed against Appellant, MANDELL RHODES, JR., for which execution may issue; and that this decision be certified to the court below for observance."
WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.
WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.
CATHY S. LUSK, CLERK
By:_______________________________ Deputy Clerk