IN THE

TENTH COURT OF APPEALS

No. 10-02-167-CV

     RUSSELL E. GALER, II,

                                                                              Appellant

     v.

     VALENCIA POLLARD,

                                                                              Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # COT-02-34107

MEMORANDUM OPINION

      The trial court dismissed Russell E. Galer, II’s lawsuit as frivolous under section 14.003(a)(2) of the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 14.003(a)(2) (Vernon Supp. 2002). Galer appealed.

      Galer timely filed a notice of appeal. The clerk’s record was filed in this Court on August 1, 2002. There is no reporter’s record. This Court has granted Galer two extensions of time to file his brief. Following the most recent extension, Galer’s brief was due on October 25. To date, no appellant’s brief has been filed.

      Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file his brief, the Court may:

dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant’s failure to timely file a brief.

Id. 38.8(a)(1).

      More than thirty days have passed since Galer’s brief was due. We notified him of this defect by letter dated November 6, 2002. Id. 42.3, 44.3. He has not responded to our letter. Id. 42.3, 38.8(a)(1). Therefore, this appeal is dismissed for want of prosecution. Id. 38.8(a)(1).

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed November 27, 2002

Do not publish

[CV06]