In re K.R.C.

Full title: IN THE INTEREST OF K.R.C. AND AND W.E.C., MINOR CHILDREN

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

Date published: Nov 25, 2008

No. 08-08-00161-CV (Tex. App. Nov. 25, 2008)

Opinion

No. 08-08-00161-CV

November 25, 2008.

Appealed from the 112th Judicial District Court of Crockett County, Texas (TC# 06-11-0626).

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

MEMORANDUM OPINION

DAVID WELLINGTON CHEW, Chief Justice.

This case is before the Court on its own motion to determine whether the appeal should be dismissed for want of prosecution. See Tex.R.App.P. 42.3(b). Because it appears Appellant, the father of the children at issue, no longer wishes to pursue the appeal, we will dismiss for want of prosecution.

Final judgment was entered in the trial court on March 24, 2008. The notice of appeal was timely filed on April 9, 2008, pursuant to the rules for accelerate appeals.¹ By letter dated September 9, 2008, the clerk of this Court notified Appellant of out intent to dismiss the appeal for want of prosecution due to Appellant's failure to file an appellant's brief or motion for extension of time. The clerk informed Appellant that the appeal would be dismissed without further notice unless any party could show grounds for continuing the appeal within 10 days of the date of the notice. We have not received a response.

1 This case involves two separate appellants, who filed separate notices of appeal. This dismissal effects only the appeal filed by the children's father, as the second Appellant in the case has continued to pursue the appeal.

This Court may dismiss an appeal for want of prosecution when an appellant has failed to file his brief within 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 pet.). We have given written notice of our intent to dismiss this appeal and have requested a response stating a reasonable basis for the failure to file an appellant's brief. Appellant has not responded. We see no purpose which would be served by declining to dismiss this appeal at this stage in the proceedings. Therefore, in accordance with Tex.R.App.P. 42.3(b), 42.3(c), and 38.8(a)(1), we dismiss this appeal for want of prosecution.