noel-reyes-individually-and-as-representative-of-the-estate-of-rosario ( 2008 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
NOEL REYES, INDIVIDUALLY AND
AS REPRESENTATIVE OF THE §
ESTATE OF ROSARIO FUENTES No. 08-07-00297-CV
REYES, DECEASED, §
Appeal from the
Appellant, §
134th District Court
v. §
of Dallas County, Texas
DALLAS COUNTY HOSPITAL §
DISTRICT D/B/A PARKLAND HEALTH (TC# 06-12042-G)
& HOSPITAL SYSTEM AND THE §
UNIVERSITY OF TEXAS
SOUTHWESTERN MEDICAL CENTER §
AT DALLAS,
§
Appellees.
§
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination whether the appeal
should be dismissed for want of prosecution. Finding that Appellant has failed to file a brief or
respond to our inquiry letter, we dismiss the appeal.
This Court possesses the authority to dismiss an appeal for want of prosecution when the
appellant has failed to file a 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). We have given notice of our intent to dismiss the appeal
and requested a response if a reasonable basis for failure to file the brief facts exists. Appellant
has not filed a response to our inquiry. We therefore dismiss the appeal pursuant to
TEX .R.APP .P. 38.8(a)(1) and 42.3(c).
June 12, 2008
DAVID WELLINGTON CHEW, Chief Justice
Before Chew, C.J., McClure, and Carr, JJ.
McClure, J. (Not Participating)
-2-