Opinion
No. 08-07-00258-CV
March 27, 2008.
Appeal from County Court at Law No. 5 of El Paso County, Texas (TC # 2003-4679).
Before CHEW, C.J., McCLURE, and CARR, JJ.
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of prosecution. Finding that Appellant has not filed a brief or a motion for extension of time, we dismiss the appeal.
On January 7, 2008, the Clerk of the Court notified Appellant by letter that neither its brief nor a motion for extension of time had been filed by the due date. The letter also advised Appellant that the Court would dismiss the appeal without further notice unless the Court received a response from Appellant within ten days from the date of the letter. Appellant has not responded to the Court's inquiry. This Court possesses the authority to dismiss an appeal for want of prosecution when appellant has failed to file his brief in the time prescribed, and gives no reasonable explanation for such failure. Tex.R.App.P. 38.8(a)(1); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex.App.-San Antonio 1998, no writ). Given Appellant's failure to file its brief by the due date, seek an extension of time in which to file its brief, or respond to the Court's inquiry, we dismiss the appeal for want of prosecution pursuant to Rules 38.8(a)(1) and 42.3(c) of the Texas Rules of Appellate Procedure.