Court of Civil Appeals of Texas, 2005

Diane Martinez v. Romeo Martinez

Diane Martinez v. Romeo Martinez
Court of Civil Appeals of Texas · Decided December 8, 2005

Diane Martinez v. Romeo Martinez

Opinion

Opinion filed December 8, 2005

 

 

Opinion filed December 8, 2005

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                                                          No. 11-05-00199-CV

                                                    __________

 

                                      DIANE MARTINEZ, Appellant

 

                                                             V.

 

                                      ROMEO MARTINEZ, Appellee

 

 

                                  On Appeal from the County Court at Law No. 2

 

                                                           Ector County, Texas

 

                                              Trial Court Cause No. CC2-17,646

 

 

                                             M E M O R A N D U M   O P I N I O N

 


This is an appeal from a divorce decree.  We dismiss the appeal for want of prosecution.

The trial court signed the decree on June 21, 2005.  Diane Martinez timely perfected an appeal.  A motion for new trial was not filed.  The clerk=s record was filed in this court on September 22, 2005; and the reporter=s record was filed on September 23, 2005.  Diane=s brief was originally due to be filed in this court on or before October 24, 2005.  This court on its own motion extended the due date to December 1, 2005.  In our letter of November 1, 2005, extending the due date, Diane was informed that the failure to file her brief by the new December 1 due date may result in the dismissal of her appeal for want of prosecution.  Diane has failed to file either a brief or a motion for extension of time.

Therefore, the appeal is dismissed for want of prosecution.  TEX.R.APP.P. 38.8(a)(1) & 42.3.

 

PER CURIAM

 

December 8, 2005

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.

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