Court of Civil Appeals of Texas, 2013

in the Interest of R. L. H.

in the Interest of R. L. H.
Court of Civil Appeals of Texas · Decided July 24, 2013

in the Interest of R. L. H.

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § No. 08-13-00086-CV § Appeal from the § IN THE INTEREST OF R.L.H. 65th District Court § of El Paso County, Texas § (TC# 95,271) § MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether the appeal should be dismissed for want of prosecution. Finding that Appellant has not filed a brief or a motion for extension of time to file a brief, we dismiss the appeal.

This Court possesses the authority to dismiss an appeal for want of prosecution when the Appellant has failed to file his 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 writ).

On June 20, 2013, the Clerk of the Court notified Appellant that her brief was past due and no motion for extension of time to file a brief had been received. The Clerk also informed the parties of the Court’s intent to dismiss the appeal for want of prosecution unless, within ten days of the notice, a party responded showing grounds to continue the appeal. No response has been received as of this date. We dismiss the appeal for want of prosecution. TEX. R. APP. P. 38.8(a)(1), 42.3(b).

GUADALUPE RIVERA, Justice July 24, 2013 Before McClure, C.J., Rivera, and Rodriguez, JJ.

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