COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
RAMON ALFREDO RODRIGUEZ, §
No. 08-13-00078-CV
Appellant §
Appeal from the
V. §
65th District Court
CARMEN RODRIGUEZ, §
of El Paso County, Texas
Appellee. §
(TC# 2007CM6957)
§
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine 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 to file his brief, we dismiss the appeal.
This Court possesses the authority to dismiss an appeal for want of prosecution when the
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 pet.). The Clerk of the Court notified Appellant that his brief
was past due and no motion for extension of time to file a brief had been received. The Clerk
also informed the parties of the Court’s intent to dismiss the appeal for want of prosecution
unless, within ten days of the notice, a party responded showing grounds to continue the appeal.
No response has been received. Accordingly, we dismiss the appeal for want of prosecution.
TEX.R.APP.P. 38.8(a)(1), 42.3(b).
GUADALUPE RIVERA, Justice
February 12, 2014
Before McClure, C.J., Rivera, and Rodriguez, JJ.
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