We will dismiss this appeal for want of prosecution. Bruce Bowman sued the Texas Department of Criminal Justice--Institutional Division, Wayne Scott, D. D. Sanders, Ricky Hudson, Linda D. Hales, Lester V. Rocha, and Joe Heredia, Jr. Bowman complained of his treatment as an inmate. The appellees moved to dismiss on the grounds that they were immune from suit and the case was frivolous. The trial court granted the motion generally.

Bowman appealed, but filed his transcript ⁽¹⁾ more than sixty days after the date the judgment was signed. This Court abated the appeal for a trial-court determination of when Bowman received notice of the trial-court judgment. On February 27, 1997, after the trial-court's determination of the notice date showed that Bowman filed the transcript timely, this Court reinstated the appeal and extended the time to file the statement of facts until May 16, 1997. On May 16, however, the court reporter filed an affidavit in which she averred that no record was taken of the trial-court proceedings.

Because no statement of facts will be filed, Bowman's brief ordinarily would be due thirty days after the transcript was filed. Because of the unusual procedure of this case, this Court computed the brief-due date from the reinstatement of the appeal following the determination of the date Bowman received notice of the judgment. Bowman's brief was due on March 31, 1997. It was therefore overdue immediately when the Court received notice that no statement of facts would be filed. On May 20, 1997, this Court's clerk's office sent notice to Bowman that his brief was overdue.

The notice of overdue brief gave Bowman until June 20, 1997 to file a motion for extension of time to file a brief. The notice warned that, if he failed to file any such motion, the Court could dismiss his appeal. To date, he has filed neither a motion nor a brief.

We dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1).

Before Justices Powers, Aboussie and B. A. Smith

Appeal Dismissed for Want of Prosecution

Filed: October 2, 1997

Do Not Publish

1. Under the current Rules of Appellate Procedure, this compilation of trial court documents is called the clerk's record. The transcription of trial-court proceedings is known as the reporter's record. We will use the nomenclature of the old rules because this appeal began under the old rules of appellate procedure, and all actions but this dismissal occurred under their authority.