Yvonne Kirk D/B/A Lindale Auto Glass & Collision v. Steven Kovacs ( 2006 )

MARY'S OPINION HEADING

                NO. 12-06-00023-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

YVONNE KIRK D/B/A

LINDALE AUTO GLASS & COLLISION,           §          APPEAL FROM THE

APPELLANT

V.        §          COUNTY COURT AT LAW OF

STEVEN KOVACS,

APPELLEE  §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected her appeal on January 27, 2006.  Thereafter, the clerk’s record was filed on March 24, 2006, making Appellant’s brief due, after extensions, on or before May 24, 2006.  On May 25, 2006, Appellant filed a motion requesting that the time to file the brief be extended by ninety days.  On June 7, 2006, the Court extended the deadline for filing the brief until August 22, 2006 and notified Appellant that no further extensions would be granted.  The Court also warned that failure to file the brief by the extended deadline would result in the appeal being presented for dismissal pursuant to Texas Rule of Appellate Procedure 38.8. 

            On August 23, 2006, Appellant tendered a “motion for continuance” requesting that she be given time to retain counsel to represent her in this appeal.  However, Appellant did not pay the filing fee for the motion. On that same date, this Court notified Appellant that the filing fee must be paid on or before August 30, 2006. To date, Appellant has neither responded to the notice or paid the filing fee.  Accordingly, we overrule Appellant’s “motion for continuance”  and dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered September 6, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)