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Barron v. Portman

Court of Appeals of Texas, Eighth District, El Paso
Jun 30, 2008
No. 08-07-00240-CV (Tex. App. Jun. 30, 2008)

Opinion

No. 08-07-00240-CV

June 30, 2008.

Appealed from 327th District Court of El Paso County, Texas (TC # 2004-1752).

Before CHEW, C.J., McCLURE, and CARR, JJ.


MEMORANDUM OPINION


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 failed to file a brief, we dismiss the appeal.

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). The Court has granted Appellant several extensions of time in which to file his brief. After giving Appellant a final sixty day extension to April 18, 2008, Appellant filed a motion on April 18, 2008 to consider the appeal on the record alone. We denied that motion. The Court then notified Appellant by letter that it appeared he no longer wished to prosecute the appeal because he had not filed his brief or a motion for extension of time by the due date. We further informed Appellant of our intention to dismiss the appeal unless he could show within ten days grounds for continuing the appeal. Appellant has not filed his brief, a motion for extension of time, or any response to the Court's inquiry. We see no purpose that would be served by declining to dismiss this appeal at this stage of the proceedings. Pursuant to Tex.R.App.P. 42.3(c) and 38.8(a)(1), we dismiss the appeal for want of prosecution.

(Chew, C.J., not participating)


Summaries of

Barron v. Portman

Court of Appeals of Texas, Eighth District, El Paso
Jun 30, 2008
No. 08-07-00240-CV (Tex. App. Jun. 30, 2008)
Case details for

Barron v. Portman

Case Details

Full title:WILLIAM R. BARRON, Appellant, v. JULIA PORTMAN, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Jun 30, 2008

Citations

No. 08-07-00240-CV (Tex. App. Jun. 30, 2008)