COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            This is an attempted appeal from an order of the trial court granting judgment in favor of Appellee Albert R. Loya d/b/a New West Construction Company. On October 9, 2006, Appellants James and Joyce Barlow timely filed a notice of appeal in this cause. However, Appellants failed to file an appellant’s brief or motion for extension of time.

            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(b). 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. See Tex.R.App.P. 38.8(a)(1). On December 4, 2006, this Court’s clerk sent a letter to the parties indicating the Court’s 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. As of the date of this opinion, no response has been received. Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.

                                                                        KENNETH R. CARR, Justice

January 18, 2007

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