Julie B. Sargent, M.D.; C. Armitage Harper, M.D.;

Eye Care Austin, P.A. d/b/a Texas Eye Care, Appellees

Because appellant Ruby I. Clopton has failed to file a brief, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).

The Clerk of this Court filed the clerk's record and the court reporter's record in this cause on April 22, 1999. Accordingly, appellant's brief was due on Monday, May 24, 1999.

By letter dated June 1, 1999, the Clerk of this Court notified the parties that the appeal was subject to dismissal for want of prosecution unless appellant filed a brief by June 11, 1999, or tendered a motion for extension of time reasonably explaining the failure to do so. Thus far, appellant has submitted neither a brief nor a motion for extension of time to file a brief.

Accordingly, we dismiss the appeal for want of prosecution on our own motion. Id. 42.3(b).

Before Justices Jones, B. A. Smith and Yeakel

Dismissed for Want of Prosecution

Filed: June 30, 1999

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