Opinion
No. 08-09-00053-CV
September 30, 2009. DO NOT PUBLISH.
Appealed from the 346th District Court of El Paso County, Texas (TC# 2008-4942).
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDUM OPINION
Johnnie Lee Carter, pro se, appeals from a judgment entered in favor of Sonic Drive-In and Eduardo Ibarra. Having determined that Appellant failed to perfect this appeal, we dismiss the appeal for want of prosecution.
Appellant failed to file his brief on the due date. On April 22, 2009, the Clerk of the Court sent the parties a notice that Appellant had not filed his brief or motion for extension of time. Further, the notice advised the parties of the Court's intent to dismiss for want of prosecution unless one of the parties filed a response showing grounds to continue the appeal. 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); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex.App.-San Antonio 1998, no writ). 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).