COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
| ROBIN B. CARLSON AND PATRICIA
HORAN CARLSON,
Appellants, v. OCWEN LOAN SERVICING, L.L.C., AS SERVICER-IN-FACT AND ATTORNEY-IN-FACT FOR U.S. BANK, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO FIRSTAR BANK, N.A., SUCCESSOR IN INTEREST TO FIRSTAR BANK MILWAUKEE, N.A., AS TRUSTEE FOR SOLOMAN BROTHERS MORTGAGE SECURITIES VII, INC. PASS-THROUGH CERTIFICATES, SERIES 1999-NC1, Appellees. |
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No. 08-07-00133-CV Appeal from the County Court at Law No. 3 of El Paso County, Texas (TC# 2006-3884) |
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination whether it should be dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8. Finding that the Appellants have failed to file a brief or request an extension of time to do so, we dismiss the appeal.
This Court possesses the authority to dismiss an appeal for want of prosecution when the 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). By letter dated August 8, 2007, the Clerk of the Court informed Appellants of the Court's intent to dismiss the appeal for want of prosecution due to Appellant's failure to file a brief or request an extension of time to do so. The Court advised Appellants that the appeal would be dismissed unless they responded within ten days and provided a reason why the appeal should be continued. See Tex. R. App. P. 38.8. Appellants have not responded to the Court's notice. We see no purpose that would be served by maintaining this appeal at this stage in the proceedings. Therefore, pursuant to Tex. R. App. P. 38.8(a)(1), we dismiss the appeal for want of prosecution.
KENNETH R. CARR, Justice
September 20, 2007
Before Chew, C.J., McClure, and Carr, JJ.