Opinion
No. 04-08-00245-CV
Delivered and Filed: November 12, 2008.
Appealed From the 131st Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CI-13911, Honorable Barbara Hanson Nellermoe, Judge Presiding.
DISMISSED
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
Michael Joseph Kearns's appellant's brief was originally due July 31, 2008. We granted Kearns extensions until September 29, 2008, to file the brief. The brief was not filed by the due date. Therefore, on October 8, 2008, we ordered Kearns to file, no later than October 20, 2008, his appellant's brief and a written response reasonably explaining his failure to timely file the brief. We further advised Kearns that if he failed to file a brief and the written explanation by the date ordered, we would dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a). Neither have been filed.
We therefore order this appeal dismissed for want of prosecution. We further order that appellee, Sundok Lee Caraway, recover her costs in this appeal from Michael Joseph Kearns.