NO. 12-05-00198-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

FORTY-FOUR THOUSAND                            §     APPEAL FROM THE 7TH

FORTY-TWO DOLLARS,

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                        §     SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected his appeal on June 22, 2005. Thereafter, the clerk’s record was filed on August 26, 2005, making Appellant’s brief due on or before September 29, 2005. When Appellant failed to file his brief within the required time, this Court notified him on September 30,2005 that the brief was past due and warned that if no motion for extension of time to file the brief were filed on or before October 10, 2005, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for its failure to file the brief and a showing that Appellee had not suffered material injury thereby.

            Appellant has not filed a motion for extension of time to file his brief. Consequently, the appeal is dismissed for want of prosecution pursuant to Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3.(b).

Opinion delivered October 19, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)