COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

This appeal is before the Court on its own motion for determination whether it should be dismissed for want of prosecution pursuant to Tex.R.App.P. 38.8. Finding that the Appellant has failed to file a brief, and has not requested an extension of time to do so, we will dismiss the appeal.

This Court possesses the authority to dismiss an appeal for want of prosecution when the appellant fails to file a brief within the time proscribed, and provides no reasonable explanation for such failure. Tex.R.App.P. 38.8(a)(1). By letter dated September 10, 2007, the clerk of the Court informed Appellant of the Court's intent to dismiss this appeal for want of prosecution due to Appellant's failure to file a brief, or request leave to file a late brief. The Court advised Appellant that the appeal would be dismissed, without further notice unless she responded within ten days and provided a reason why the appeal should be continued. See Tex.R.App.P. 38.8. Appellant has not responded to the clerk's notice. We see no purpose that would be served by maintaining this appeal at this stage in the proceedings. Therefore, pursuant to Tex.R.App.P. 38.8(a)(1), we dismiss the appeal for want of prosecution.

October 11, 2007

DAVID WELLINGTON CHEW, Chief Justice

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