Larry G. Gary Trucking, Inc. v. State ( 2001 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03- 00 -00 508 -CV Larry G. Gary Trucking, Inc. , Appellant v. The State of Texas , Appellee FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT NO. 00-621 , HONORABLE GARY L. STEEL , JUDGE PRESIDING PER CURIAM Because appellant has failed to file a brief, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). The Clerk of this Court filed the record in this cause on August 7, 2000. Accordingly, appellant's brief was due on September 6, 2000. By letter dated October 3, 2000, the Clerk of this Court notified the parties that the appeal was subject to dismissal for want of prosecution unless appellant filed a brief by October 18, 2000, or tendered a motion for extension of time reasonably explaining the failure to do so. Thus far, appellant has submitted neither a brief nor a motion for extension of time to file a brief. Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b). Before Chief Justice Aboussie, Justices Yeakel and Patterson Dismissed for Want of Prosecution Filed: January 25, 2001 Do Not Publish