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GERMAN GUZMAN, Appellant, v. MARIA GUADALUPE BROWN, Appellee. |
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No. 08-06-00327-CV Appeal from 327th District Court of El Paso County, Texas (TC # 2005-5336) |
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of prosecution. Finding that Appellant has not filed a brief or a motion for extension of time, we dismiss the appeal.
Appellant's brief was due to be filed on January 26, 2007, but Appellant has not filed the brief or a motion for extension of time. On February 8, 2007, the Clerk of the Court sent the parties a notice of the court's intent to dismiss for want of prosecution if, within ten days of the notice, no party responded 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 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). We have given notice of our intent to do so, requested a response if a reasonable basis for failure to file the brief or statement of facts exists, and have received none. We see no purpose that would be served by declining to dismiss this appeal at this stage of the proceedings. We dismiss the appeal for want of prosecution pursuant to Tex.R.App.P. 38.8(a)(1) and 42.3(c).
April 19, 2007
ANN CRAWFORD McCLURE, Justice
Before Chew, C.J., McClure, and Carr, JJ.
Chew, C.J., not participating