From Casetext: Smarter Legal Research

In re Heinlein

Court of Appeals of Texas, Eighth District, El Paso
Jul 5, 2007
No. 08-06-00329-CV (Tex. App. Jul. 5, 2007)

Opinion

No. 08-06-00329-CV

July 5, 2007.

Appeal from the Probate Court of El Paso County, Texas, (TC# 2003-P00818).

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 pursuant to Tex. R. App. P. 38.8(a)(1) for failure to file an Appellant's brief. Finding that Appellant has failed to file a brief or a motion for extension of time, we dismiss the appeal.

Appellant Cynthia Heinlein filed a notice of appeal in this case on December 8, 2006. Appellant requested, and this Court granted, two briefing extensions. Appellant did not file a brief in accordance with the extensions. Following the expiration of the second extension, the Clerk of this Court notified Appellant, by letter dated May 9, 2007, of the Court's intent to dismiss the appeal for want of prosecution unless Appellant responded within ten days. Appellant has not responded to the Clerk's notice.

This Court possesses the authority to dismiss an appeal for want of prosecution when appellant has failed to file a brief in the time prescribed, and gives no reasonable explanation for such failure. Tex. R. App. P. 38.8(a)(1). An appeal may also be dismissed because the appellant has failed to comply with a requirement of the Rules of Appellate Procedure or a court order. See Tex. R. App. P. 42.3. Appellant has failed to file a brief and has failed to file a motion for extension of time in response to an order of this Court. Pursuant to Rules 38.8(a)(1) and 42.3(c), we dismiss the appeal for want of prosecution.


Summaries of

In re Heinlein

Court of Appeals of Texas, Eighth District, El Paso
Jul 5, 2007
No. 08-06-00329-CV (Tex. App. Jul. 5, 2007)
Case details for

In re Heinlein

Case Details

Full title:IN RE: ESTATE OF JOHN ALLEN HEINLEIN, deceased

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

Date published: Jul 5, 2007

Citations

No. 08-06-00329-CV (Tex. App. Jul. 5, 2007)