IN THE

TENTH COURT OF APPEALS

No. 10-02-106-CV

     MRS. KERRY RASBERRY, INDIVIDUALLY

     AND AS ADMINISTRATRIX OF THE ESTATE

     OF DR. KERRY RASBERRY, DECEASED,

                                                                              Appellant

     v.

     TEXAS LIFE INSURANCE COMPANY,

                                                                              Appellee

From the 170th District Court

McLennan County, Texas

Trial Court # 99-1955-4

MEMORANDUM OPINION

      Appellant’s brief was due to be filed on November 27, 2002. To date, no appellant’s brief has been filed. See Tex. R. App. P. 38.6(a). Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file her 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 Appellant’s brief was due. We notified her of this defect by letter dated December 12, 2002. Id. 42.3, 44.3. She 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 January 15, 2003

[CV06]