Dan Howard Industries, Inc. v. the Commons at Willowbrook, Inc. ( 2005 )

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Dan Howard Industries, Inc.

            Appellant

Vs.                  No. 11-05-00057-CV -- Appeal from Harris County

The Commons at Willowbrook, Inc.

            Appellee

            The trial court signed the default judgment on August 16, 2004. Dan Howard Industries, Inc. filed a notice of restricted appeal on December 21, 2004. TEX.R.APP.P. 30. We dismiss the appeal.

            The clerk’s record was filed on January 31, 2005. On February 8, 2005, this court notified the parties that appellant’s brief was due to be filed in this court on or before March 2, 2005. Neither a brief nor an extension of time was filed. On March 8, 2005, this court notified the parties that the briefing due date had been extended to April 7, 2005, and that failure to file a brief by the April 7 deadline could result in the dismissal of the appeal for want of prosecution. TEX.R.APP.P. 38.8(a). There has been no response to our March 8 letter, and neither the brief nor a motion has been received.

            The appeal is dismissed for want of prosecution.

                                                                                                PER CURIAM

April 14, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.