Opinion
No. 08-20-00030-CV
06-26-2020
JOHN STOVALL, Appellant, v. LANTOWER EDGEWATER d/b/a EDGEWATER, Appellee.
Appeal from the County Court at Law No. 1 of Travis County, Texas (TC# C-1-CV-19-010003) MEMORANDUM OPINION
We hear this case on transfer from the Third Court of Appeals in Austin. See TEX.R.APP.P. 41.3.
This appeal is before the Court on its own motion for determination of whether it 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 April 7, 2020, the Clerk of the Court sent a notice stating that it appeared Appellant no longer wished to pursue his appeal, as neither an Appellant's brief nor motion for extension of time had been filed. The notice indicated that the Court intended to dismiss the appeal for want of prosecution unless any party could show grounds for continuing the appeal within 10 days. No response has been received as of this date.
This Court possesses the authority to dismiss an appeal for want of prosecution when the 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). Because Appellant failed to file his brief and has not responded to our inquiry, we dismiss the appeal for want of prosecution pursuant to TEX.R.APP.P. 38.8(a)(1), 42.3(b), and 42.3(c).
GINA M. PALAFOX, Justice June 26, 2020 Before Alley, C.J., Rodriguez, and Palafox, JJ.