TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00043-CV

Albert Rivera, Jr., Appellant v. Texas Department of Protective and Regulatory Services, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. 95-01015, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

Because appellant has failed to file a brief, we will dismiss his 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 January 28, 2002.

Accordingly, appellant=s brief was due on March 1, 2002. See Tex. R. App. P. 38.6(a).

By postcard dated July 3, 2002, 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 July 15, 2002, 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. See id. 42.3(b).

__________________________________________ Lee Yeakel, Justice Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel Dismissed for Want of Prosecution Filed: August 30, 2002 Do Not Publish