COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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STEPHANIE FERNANDEZ, No. 08-12-00164-CV
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Appellant, Appeal from
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v. 65th District Court
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TEXAS DEPARTMENT OF FAMILY of El Paso County, Texas
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AND PROTECTIVE SERVICES,
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Appellee.
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination of whether it 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 failed to file her brief on the due date. On June 14, 2012, the Clerk of the
Court sent the parties a notice that Appellant had not filed her brief or motion for extension of
time. Further, the notice advised the parties of the Court’s intent to dismiss for want of
prosecution unless one of the parties 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 the
appellant has failed to file her 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.). Because Appellant failed to file her brief and has not
responded to our inquiry, we dismiss the appeal for want of prosecution pursuant to
TEX.R.APP.P. 38.8(a)(1), 42.3(b), and 42.3(c).
July 31, 2012 ________________________________________________
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Antcliff, JJ.
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