Court of Civil Appeals of Texas, 2003

David A. Sheffield and Ed J. Cain v. Kevin Wilson

David A. Sheffield and Ed J. Cain v. Kevin Wilson
Court of Civil Appeals of Texas · Decided August 12, 2003

David A. Sheffield and Ed J. Cain v. Kevin Wilson

Opinion

NO. 07-03-0223-CV


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL D


AUGUST 12, 2003



______________________________


ED CAIN, HARDIN COUNTY SHERIFF AND

DAVID A. SHEFFIELD, COUNTY ATTORNEY, APPELLANTS


V.


KEVIN WILSON, APPELLEE


_________________________________


FROM THE 356TH DISTRICT COURT OF HARDIN COUNTY;


NO. 42,906; HONORABLE BRITT PLUNK, JUDGE


_______________________________


Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Ed Cain and David Sheffield, appellants, appeal the trial court's order denying their plea to its jurisdiction. We must dismiss the appeal.

Appellants' brief was due June 30, 2003. By letter dated July 9, 2003, we notified appellants that the due date for the brief had passed, and that we had received neither their brief nor a motion for extension of time to file it. Citing Tex. R. App. Proc. 38.8, the letter also notified appellants that the appeal would be subject to dismissal unless a response reasonably explaining their failure to file a brief, together with a showing that the appellee has not been significantly injured by the failure, was submitted by July 22, 2003. Appellants have not filed such a response, nor have they since submitted a brief or a motion for extension of time.

Accordingly, having given all parties more than the required ten days' notice, we dismiss the appeal. Tex. R. App. Proc. 38.8(a)(1); 42.3(b).





James T. Campbell

Justice





STYLE="font-family: Arial" STYLE="font-size: 10pt">John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2002).

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