Mac Elroy Desha v. Charles Robert Devine ( 1999 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 8 -00 373 -CV Mac Elroy Desha , Appellant v. Charles Robert Devine , Appellee FROM THE DISTRICT COURT OF FAYETTE COUNTY, 155TH JUDICIAL DISTRICT NO. 97-V-123 , HONORABLE DAN R. BECK , JUDGE PRESIDING PER CURIAM Appellee Charles Robert Devine moves this Court to dismiss appellant Mac Elroy Desha's appeal. As grounds to dismiss, Devine cites Desha's failure to file a brief. Having been granted two extensions, Desha was to file his brief by November 19, 1998. The clerk of this Court advised Desha on December 14 that no brief had been received and that unless he provided a reasonable explanation by December 28 for the failure to file, the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a). Desha has not responded. We accordingly grant Devine's motion and dismiss the appeal for want of prosecution. See id. 38.8(a)(1), 42.3(b). Before Justices Jones, B. A. Smith and Yeakel Dismissed for Want of Prosecution on Appellee's Motion Filed: January 28, 1999 Do Not Publish