WESTCHESTER FIRE INSURANCE COMPANY APPELLANT v. MONTGOMERY HEAVY EQUIPMENT APPELLEE (2017)

MEMORANDUM OPINION

The appellant's brief in the above cause was originally due on November 21, 2016. On November 22, 2016, appellant filed an unopposed motion for extension of time to file the brief seeking an additional thirty days, or until December 21, 2016. This Court granted the extension of time, but appellant did not file the brief in this matter. On January 4, 2017, the Clerk of the Court notified appellant that the brief had not been timely filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant's failure to timely file a brief. To date, appellant has not filed a response to this notice and has not filed the brief in this matter.

Appellant has failed to either reasonably explain the failure to file a brief, file a motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b).

LETICIA HINOJOSA Justice