Appellee Charles Robert Devine moves this Court to dismiss appellant Mac Elroy Desha's appeal. As grounds to dismiss, Devine cites Desha's failure to file a brief.

Having been granted two extensions, Desha was to file his brief by November 19, 1998. The clerk of this Court advised Desha on December 14 that no brief had been received and that unless he provided a reasonable explanation by December 28 for the failure to file, the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a). Desha has not responded.

We accordingly grant Devine's motion and dismiss the appeal for want of prosecution. See id. 38.8(a)(1), 42.3(b).

Before Justices Jones, B. A. Smith and Yeakel

Dismissed for Want of Prosecution on Appellee's Motion

Filed: January 28, 1999

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