Jeffrey Zimmerly v. Dianne Stanislawscyk as of the Estate of Joan Hitchcock

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § JEFFREY ZIMMERLY, No. 08-15-00178-CV § Appellant, Appeal from the § v. Probate Court No. 1 § DIANNE STANISLAWSCYK, AS of El Paso County, Texas EXECUTRIX OF THE ESTATE OF § JOAN HITCHCOCK, (TC#2011-01120P ) § Appellee. § MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution. Finding that the Appellant’s brief has not been filed, we dismiss the appeal for want of prosecution. On October 21, 2015, the Clerk notified Appellant that his brief was past due and no motion for extension of time had been filed. The letter advised Appellant that the Court intended to dismiss the appeal for want of prosecution unless Appellant responded within ten days and showed grounds for continuing the appeal. See TEX.R.APP.P. 38.8(a)(1). Neither the brief nor a motion for extension of time in which to file the brief has been filed. Accordingly, we dismiss the appeal for want of prosecution. STEVEN L. HUGHES, Justice November 13, 2015 Before McClure, C.J., Rodriguez, and Hughes, JJ. -2-