Court of Civil Appeals of Texas, 1992

Office of Public Insurance Counsel, Committee for a Just Auto Insurance, Jesus...

Office of Public Insurance Counsel, Committee for a Just Auto Insurance, Jesus...
Court of Civil Appeals of Texas · Decided January 29, 1992

Office of Public Insurance Counsel, Committee for a Just Auto Insurance, Jesus...

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,


AT AUSTIN








NO. 3-91-515-CV




OFFICE OF PUBLIC INSURANCE COUNSEL,

COMMITTEE FOR A JUST AUTO INSURANCE,

JESUS CARMONA, EUSEBIO CALDERON

AND DOMINGO CANALES,


APPELLANTS



vs.






NATIONAL ASSOCIATION OF INDEPENDENT INSURERS,

SOUTHERN FARM BUREAU CASUALTY GROUP, GEICO CORPORATION GROUP,

AMERICAN BANKER'S GROUP, MOTORS INSURANCE GROUP,

ALLSTATE INSURANCE GROUP, GUARANTY NATIONAL GROUP, ET AL.,




APPELLEES









FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT


NO. 91-14-131, HONORABLE F. SCOTT McCOWN, JUDGE PRESIDING






PER CURIAM

This is a dismissal for want of prosecution.

Generally, an appellant must file his brief within thirty days after the filing of the transcript and statement of facts, if any. Tex. R. App. P. Ann. 74(k) (Pamph. 1991). In the case of an accelerated appeal, the appellant must file his brief within twenty days after the record is filed. Tex. R. App. P. Ann. 42(a)(3). If the appellant fails to file his brief within the prescribed time, the appellate court may dismiss the appeal for want of prosecution, unless the appellant shows a reasonable explanation for failing to file the brief and the appellee has not suffered material injury. Tex. R. App. P. Ann. 74(l)(1).

This is an appeal of a temporary injunction. The transcript in this accelerated appeal was filed on November 21, 1991. Accordingly, appellants' brief was due twenty days later, on December 11, 1991. Appellants have not filed their brief. Moreover, appellants have not filed a motion for extension of time showing a reasonable explanation for their omission. See Tex. R. App. P. Ann. 74(n). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App. 1976, writ dism'd w.o.j.).





[Before Chief Justice Carroll, Justices Aboussie and Kidd]

Dismissed for Want of Prosecution

Filed: January 29, 1992

[Do Not Publish]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.