Court of Civil Appeals of Texas, 2004

Don McCaffety v. Howard Rash D/B/A World Wide Gifts, and Betty Rash

Court of Civil Appeals of Texas · Decided May 20, 2004

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-176 CV

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DON MCCAFFETY, Appellant

HOWARD RASH, d/b/a WORLD WIDE GIFTS, AND BETTY RASH, Appellees

On Appeal from the County Court at Law

Liberty County, Texas

Trial Cause No. CAL 08298

MEMORANDUM OPINION⁽¹⁾

On April 8, 2004, the appellees filed a motion to dismiss the appeal for want of prosecution pursuant to Tex. R. App. P. 38.8 and 42.3. The appellant did not respond to the motion. The appellant failed to file a brief after receiving a final extension of time. There being no satisfactory explanation for the failure to timely file the brief, the appeal is dismissed for want of prosecution. Tex. R. App. P. 38.8 and 42.3. Costs are assessed against appellant.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered May 20, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

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