0
643
Michael William Metz
Sabre Hunter
MILLS
35TH
98-05-5187
STEPHEN ELLIS

	Because appellant Michael William Metz has failed to file a brief, we will dismissthe appeal for want of prosecution.  See Tex. R. App. P. 38.8(a)(1), 42.3(b).

	The Clerk of this Court filed the notice of appeal in this cause on September 26,2000 and the clerk's record on December 20, 2000.  By letter dated January 11, 2001, the Clerkof this Court notified the official court reporter and the parties that the reporter's record wasoverdue and requested a status report or response by February 21.  On January 21, notice wasreceived from the court reporter that appellant had not requested, paid for, nor made arrangementsto pay for a reporter's record.  

	By letter dated February 6, 2001, the Clerk of this Court notified the parties thatunless appellant promptly arranged for payment of the reporter's fee and advised this Courtwhether payment had been made, this Court would consider the appeal without the reporter'srecord, see Tex. R. App. P. 37.3(c), and appellant would be expected to file a brief on or beforeFebruary 16.  

	After appellant failed to respond to the Clerk's February 6 notice, the Clerk of thisCourt notified the parties by letter dated April 3, 2001, that the appeal was subject to dismissalfor want of prosecution unless appellant filed a brief by April 18 or tendered a motion forextension of time reasonably explaining the failure to do so.  Thus far, appellant has submittedneither a brief nor a motion for extension of time to file a brief.

	Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).

Before Chief Justice Aboussie, Justices Yeakel and Patterson.

Dismissed for Want of Prosecution

Filed:   May 3, 2001

Do Not Publish

0
643
Michael William Metz
Sabre Hunter
MILLS
35TH
98-05-5187
STEPHEN ELLIS

	Because appellant Michael William Metz has failed to file a brief, we will dismissthe appeal for want of prosecution.  See Tex. R. App. P. 38.8(a)(1), 42.3(b).

	The Clerk of this Court filed the notice of appeal in this cause on September 26,2000 and the clerk's record on December 20, 2000.  By letter dated January 11, 2001, the Clerkof this Court notified the official court reporter and the parties that the reporter's record wasoverdue and requested a status report or response by February 21.  On January 21, notice wasreceived from the court reporter that appellant had not requested, paid for, nor made arrangementsto pay for a reporter's record.  

	By letter dated February 6, 2001, the Clerk of this Court notified the parties thatunless appellant promptly arranged for payment of the reporter's fee and advised this Courtwhether payment had been made, this Court would consider the appeal without the reporter'srecord, see Tex. R. App. P. 37.3(c), and appellant would be expected to file a brief on or beforeFebruary 16.  

	After appellant failed to respond to the Clerk's February 6 notice, the Clerk of thisCourt notified the parties by letter dated April 3, 2001, that the appeal was subject to dismissalfor want of prosecution unless appellant filed a brief by April 18 or tendered a motion forextension of time reasonably explaining the failure to do so.  Thus far, appellant has submittedneither a brief nor a motion for extension of time to file a brief.

	Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).

Before Chief Justice Aboussie, Justices Yeakel and Patterson.

Dismissed for Want of Prosecution

Filed:   May 3, 2001

Do Not Publish