NO. 07-01-0313-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A OCTOBER 22, 2001 ______________________________

SUSAN MORROW, APPELLANT V. ALLSTATE INSURANCE COMPANY, APPELLEE

_________________________________ FROM THE COUNTY CIVIL COURT AT LAW NO. 3 OF HARRIS COUNTY; NO. 723,696; HONORABLE LYNN BRADSHAW-HULL, JUDGE _______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant Susan Morrow perfected an appeal from the trial court’s order granting summary judgment in favor of appellee Allstate Insurance Company on her counterclaim for attorney’s fees. The clerk’s record was filed on June 29, 2001. Appellant’s brief was due to be filed on July 30, 2001, but has yet to be filed. Also no motion for extension of time has been filed. By letter dated October 2, 2001, this Court notified appellant’s counsel, Sean K. McPherson, of the defect and also directed that counsel reasonably explain by October 12, 2001, the failure to file a brief together with a showing that appellee has not been significantly injured. Counsel did not respond and the brief remains outstanding.

Accordingly, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1) and 42.3(b).

Don H. Reavis Justice

Do not publish.