Mark A. Bragg v. Sherry A. Bragg

Form: Dismiss TRAP 42.3

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS


MARK A. BRAGG,


                            Appellant,

v.


SHERRY A. BRAGG,


                            Appellee.

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No. 08-06-00304-CV


Appeal from the


143rd District Court


of Reeves County, Texas


(TC# 06-06-18555-CVR)




MEMORANDUM OPINION


            This is an attempted appeal from a final decree of divorce entered on October 6, 2006. On November 2, 2006, Appellant Mark A. Bragg timely filed a notice of appeal in this cause. However, Appellant failed to file an appellant’s brief or motion for extension of time.

            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 January 11, 2007, 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. As of the date of this opinion, no response has been received. Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.


February 15, 2007

DAVID WELLINGTON CHEW, Chief Justice


Before Chew, C.J., McClure, and Carr, JJ.