TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00407-CV

Carnell Denmon, Appellant v. Mark Jaehne, Appellee

FROM THE COUNTY COURT OF LEE COUNTY NO. 2824, HONORABLE EVAN GONZALES, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant filed his notice of appeal in the trial court on December 28, 2004. Through no fault of appellant’s, the notice of appeal was not received by this Court as part of the clerk’s record until June 24, 2005. On August 9, this Court informed appellant that his brief was overdue and that a motion for an extension of time was due no later than August 19. To date, appellant has not responded to that notice, filed a brief or motion, or otherwise communicated with this Court.

We therefore dismiss the appeal for want of prosecution on our own motion. Tex. R. App. P. 42.3(b).

__________________________________________ David Puryear, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed for Want of Prosecution Filed: October 6, 2005