in the Interest of A. S. M., a Child. ( 2007 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF A. S. M., a child.

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No. 08-07-00065-CV Appeal from the 65th District Court of El Paso County, Texas (TC# 2004CM737)

MEMORANDUM OPINION

This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) for failure to file an Appellant's brief. Finding that Appellant has failed to file a brief or a motion for extension of time, we dismiss the appeal.

Appellant Rogelio Marquez filed a notice of appeal in this case on March 8, 2007. Appellant has not filed a brief. By letter dated May 23, 2007, the Clerk of this Court notified Appellant of the Court's intent to dismiss the appeal for want of prosecution unless Appellant responded within ten days. Appellant has not responded to the Clerk's notice.

This Court possesses the authority to dismiss an appeal for want of prosecution when 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). An appeal may also be dismissed because the appellant has failed to comply with a requirement of the Rules of Appellate Procedure or a court order. See Tex. R. App. P. 42.3. Appellant has failed to file his brief and has failed to file a motion for extension of time in response to an order of this Court. Pursuant to Rules 38.8(a)(1) and 42.3(c), we dismiss the appeal for want of prosecution.

KENNETH R. CARR, Justice

July 5, 2007

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