Opinion
No. 08-06-00233-CV.
January 18, 2007.
Appeal from the 388th District Court of El Paso County, Texas, (TC# 2004CM3064)
Before CHEW, C.J., McCLURE, and CARR, JJ
MEMORANDUM OPINION
Pending before the Court on its own initiative is the dismissal of this appeal for want of prosecution. See TEX.R.APP.P. 42.3(b). This Court possesses the authority to dismiss an appeal for want of prosecution when an appellant in a civil case fails to timely file its brief and gives no reasonable explanation for such failure. See TEX.R.APP.P. 38.8(a)(1).
On August 17, 2006, Appellant filed a notice of appeal in this cause. Appellant's brief was due December 13, 2006. As of this date, no Appellant's brief nor motion for extension of time has been filed with the Court. On December 20, 2006, this Court's clerk sent a letter to the parties indicating the Court's intent to dismiss the case for want of prosecution absent a response from any party within ten days to show grounds for continuing the appeal. No response has been received as of this date. Accordingly, pursuant to TEX.R.APP.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.