IN THE

TENTH COURT OF APPEALS

No. 10-97-033-CV

     MALCOLM BECK,

                                                                                              Appellant

     v.

     CENTRAL FREIGHT LINES, INC.,

                                                                                         Appellee

From the 74th Court

McLennan County, Texas

Trial Court # 94-166-3

MEMORANDUM OPINION

      Malcolm Beck sued Central Freight Lines, Inc., for breach of his employment contract. The trial court signed a final summary judgment in favor of Central Freight on November 27, 1996. The transcript was timely filed in this court on January 22, 1997. See Tex. R. App. P. 54(a). Although Beck's brief was due on February 21, 1997, no appellant's brief has been filed. Id. 74(k). Appellate Rule 74(l)(1) provides:

Civil Cases. In civil cases, when the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless reasonable explanation is shown for such failure and that appellee has not suffered material injury thereby. The court may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.

Id. 74(l)(1).

      More than three weeks have passed since Beck's brief was due. We notified him of this defect by letter on February 26, 1997. Id. 60(a)(2), 83. Beck has not responded to our letter requesting that he show grounds for continuing the appeal nor has he provided a reasonable explanation for failing to file a brief. Therefore, this appeal is dismissed for want of prosecution. Id. 74(l)(1); Resendez v. Schwartz, 08-96-123-CV, slip op. at 2 (Tex. App.—El Paso, January 9, 1997, no writ).

                                                                               PER CURIAM

Before   Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed for want of prosecution

Opinion delivered and filed March 12, 1997

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