Mark Beall, Jr. v. Hydro-Action, Inc. and Hydro-Clean ( 2001 )

NUMBER 13-01-489-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

MARK BEALL, JR. , Appellant,

v.

HYDRO-ACTION, INC. AND HYDRO-CLEAN , Appellees.

____________________________________________________________________

On appeal from the 136th District Court

of Jefferson County, Texas.

____________________________________________________________________

O P I N I O N

Before Justices Dorsey, Rodriguez, and Castillo

Opinion Per Curiam

Appellant, MARK BEALL, JR. , perfected an appeal from a judgment entered by the 136th District Court of Jefferson County, Texas, in cause number D-161067 . The clerk's record was filed on June 28, 2001. The supplemental clerk's record was filed on July 27, 2001 . No reporter's record was filed . Appellant's brief was due on August 27, 2001 . To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief. Tex. R. App. P. 38.8(a)(1).

On October 9, 2001 , notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). Appellant was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant's failure to file a proper appellate brief, this Court's notice, and appellant's failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 13^th day of December, 2001