Opinion

Robert Schwartz v. Board of Nursing Examiners

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Nov 30, 1999
Status
Published
Cited by
0 cases

The opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-99-00399-CV

Robert Schwartz, Appellant

v.

Board of Nursing Examiners, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. 99-03652, HONORABLE F. SCOTT McCOWN, JUDGE PRESIDING

PER CURIAM

Because appellant Robert Schwartz has failed to file his 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 clerk's record in this cause on July 15, 1999. By

letter dated September 9, 1999, the Clerk of this Court notified the parties that appellant's brief

was overdue and that the appeal was subject to dismissal unless appellant tendered a motion for

extension of time reasonably explaining the failure to file a brief. On September 20, 1999,

appellant's attorney submitted an insufficient motion for extension of time to file appellant's brief,

omitting the filing fee and the certificate of conference. Id. 5, 10.1(a)(5). By letters dated

September 28, 1999, and October 19, 1999, the Clerk of this Court notified all parties of these

omissions, adding that this appeal would be subject to dismissal unless these deficiencies were

corrected by October 29, 1999. Thus far appellant has failed to respond.

Accordingly, we dismiss the appeal for want of prosecution on our own motion.

Id. 42.3(b).

Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

Dismissed for Want of Prosecution

Filed: November 30, 1999

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