TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00386-CV

Randy Lee Barnett, Appellant v. Carole Keeton Rylander, Comptroller of Public Accounts, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. 99-05555, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

Because appellant Randy Lee Barnett has failed to file an appellant=s brief, we will dismiss this 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 July 22, 2002. Thus, appellants= brief was due August 21. See id. 38.6(a)(1). By postcard dated August 28, 2002, the Clerk of this Court notified the parties that the appeal was subject to dismissal for want of prosecution unless appellant tendered a motion by September 9 reasonably explaining the failure to file a brief. See id. 38.8(a)(1). Thus far, appellant has submitted neither a brief nor a motion reasonably explaining the failure to file a brief.

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

Bea Ann Smith, Justice Before Justices Kidd, B. A. Smith and Yeakel Filed: October 3, 2002 Dismissed for Want of Prosecution Do Not Publish