COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TED MEINERT,                                                   )

                                                                              )               No.  08-04-00326-CV

Appellant,                          )

                                                                              )                    Appeal from the

v.                                                                           )

                                                                              )                120th District Court

GOSA LTD, A Texas Limited Partnership,             )

                                                                              )           of El Paso County, Texas

Appellee.                           )

                                                                              )                   (TC# 2003-754)

                                                                              )

MEMORANDUM  OPINION

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.  Finding no Appellant=s brief has been filed, we dismiss the appeal.

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.  Tex.R.App.P. 38.8(a)(1).

On November 1, 2004, Appellant timely filed a notice of appeal in this cause.  The clerk=s record was filed on December 7, 2004.  It appearing that no reporter=s record would be filed, Appellant=s brief was due thirty days after the filing of the clerk=s record, that is, January 6, 2005.  On January 24, 2005, this Court=s clerk sent a letter to the parties indicating our 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.  On February 7, 2005, Appellant filed a motion for an extension of time in which to file the brief.  That same date, the Court=s clerk informed Appellant that it could not act on his motion because he failed to comply with Rules 9 and 10 of the Texas Rules of Appellate Procedure.  The Court requested that Appellant file an amended motion immediately so that the motion could be acted upon.  Subsequently, the Court denied Appellant=s February 7 motion without written order on February 24, and that same day informed the parties again of the Court=s intent to dismiss for want of prosecution.  No further response has been received as of this date.  Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.

March 31, 2005

DAVID WELLINGTON CHEW, Justice

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