Because appellant 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 in this cause on August 24, 1999. Appellee filed a motion for dismiss this appeal for want of prosecution on April 14, 2000. On May 25, 2000, this Court granted appellant's final motion for extension of time to file brief to and including June 30, 2000, with the notation, " we will grant no further extensions of time to file the appellant's brief," and further stipulated that failure to do so will result in the appeal being subject to dismissal for want of prosecution based on Ricci's pending motion to dismiss.

Thus far, appellant has not submitted a brief.

Accordingly, we grant appellee's motion and dismiss the appeal for want of prosecution. See id. 42.3(b).

Before Chief Justice Aboussie, Justices Kidd and B. A. Smith

Dismissed for Want of Prosecution

Filed: August 31, 2000

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