David Eugene Gore v. Felicia Gore ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-526 CV ____________________

DAVID EUGENE GORE, Appellant

V.

FELICIA GORE, Appellee

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On Appeal from the 88th District Court Hardin County, Texas Trial Cause No. 46,707

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MEMORANDUM OPINION

David Eugene Gore perfected appeal but failed to prosecute it. We dismissed the appeal for want of prosecution on February 28, 2008, but reinstated the appeal on motion of the appellant after he paid the filing fee and paid for the clerk's record. See Gore v. Gore, No. 09-07-526 CV, 2008 WL 517263 (Tex. App.--Beaumont Feb. 28, 2008), withdrawn, 2008 WL 1734902 (Tex. App.--Beaumont Mar. 27, 2008, order). We granted a final extension to June 15, 2008, for filing the appellant's brief, but the brief has not been filed. On July 8, 2008, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9.

A dismissal for want of prosecution is appropriate when the appellant fails to file a brief assigning error for appellate review. See Tex. R. App. P. 38.8(a)(1). Accordingly, we dismiss the appeal for want of prosecution. Tex. R. App. P. 42.3. Costs are assessed against the appellant.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Submitted on July 29, 2008

Opinion Delivered August 14, 2008

Before McKeithen, C.J., Kreger and Horton, JJ.