Court of Civil Appeals of Texas, 2012

Stephanie Fernandez v. Texas Department of Family and Protective Services

Stephanie Fernandez v. Texas Department of Family and Protective Services
Court of Civil Appeals of Texas · Decided July 31, 2012

Stephanie Fernandez v. Texas Department of Family and Protective Services

Opinion

                                                           COURT OF APPEALS

                                                   EIGHTH DISTRICT OF TEXAS

                                                              EL PASO, TEXAS

 

 

 

STEPHANIE FERNANDEZ,

 

                                    Appellant,

 

v.

 

TEXAS DEPARTMENT OF FAMILY

AND PROTECTIVE SERVICES,

 

                                    Appellee.

 

 

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                  No. 08-12-00164-CV

 

                         Appeal from

 

65th District Court

 

of El Paso County, Texas

 

(TC # 2010CM5403)

 

 

 

 

                                                     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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