Tracy James Jewell v. Melonie Rose Jewell

MEMORANDUM OPINION

No. 04-11-00273-CV

Tracy James JEWELL,

Appellant v.

Melonie Rose JEWELL,

Appellee

From the 216th Judicial District Court, Bandera County, Texas Trial Court No. FL-11-007

Honorable Thomas F. Lee, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: October 5, 2011

DISMISSED FOR WANT OF PROSECUTION

Tracey James Jewell appealed the trial court’s judgment rendered on April 22, 2011. Jewell’s brief was due on August 12, 2011. Neither the brief nor a motion for extension of time was filed. On August 31, 2011, we ordered Appellant to file, not later than September 12, 2011, his appellant’s brief and a written response reasonably explaining his failure to timely file the brief. We advised Appellant that if he failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); see also TEX. R. APP. P. 42.3(c) (court may dismiss appeal because appellant has failed to comply with a court order within the time provided). Appellant has not filed a brief or the written response ordered by the court.

We therefore order this appeal dismissed for want of prosecution. We further order that appellee, Melonie Rose Jewell, recover her costs in this appeal from Tracy James Jewell.

PER CURIAM