Appeal dwopped on Appellee's motion

DISMISSED ON APPELLEE'S MOTION: Opinion by Justice Puryear (Before Justices Patterson, Puryear and Henson)

Kevin Allan Smith v. Dale Lee Jaschke--Appeal from County Court at Law No. 4 of Williamson County

FROM THE COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY
NO. 05-1556-CC2-4, HONORABLE JOHN MCMASTER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The trial court signed its judgment on March 8, 2007, and appellant timely filed his notice of appeal on June 6. After some delay, the clerk's record was filed on October 9, making appellant's brief due on November 8. On November 26, this Court received appellant's motion for extension of time to file his brief, which was mailed on November 13. Appellant requested until November 28 to file his brief, but neglected to include a certificate of conference, which we requested on November 26. On November 29, we received from appellee a "Certificate of Non-Conference," stating that appellant did not confer with appellee before submitting his motion for extension of time but that appellee would have agreed to the extension if appellant had asked. Appellee also alleged that appellant had mischaracterized the underlying proceedings. Appellant never responded to appellee's filing or to this Court's request for a certificate of conference, see Tex. R. App. P. 10.1(a)(5), nor has he proffered a brief for filing. On January 11, 2008, appellee filed a motion to dismiss for want of prosecution. To date, appellant has not responded to appellee's motion or communicated with this Court in any form since filing the incomplete motion for extension of time. We therefore grant appellee's motion and dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
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David Puryear, Justice
Before Justices Patterson, Puryear and Henson
Dismissed on Appellee's Motion
Filed: January 31, 2008