Allegheny Casualty and Ronald W. Armstead v. State ( 2008 )


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  •                                      COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    ALLEGHENY CASUALTY AND                                            No. 08-08-00035-CV
    RONALD W. ARMSTEAD,                               §
    Appeal from
    Appellant,                §
    282nd District Court
    v.                                                §
    of Dallas County, Texas
    THE STATE OF TEXAS,                               §
    (TC # F06-65708-S)
    Appellee.                 §
    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 the Appellants have failed to file a brief or respond
    to our inquiry letter, we dismiss the appeal for want of prosecution.
    On April 22, 2008, this Court informed Appellants by letter that their brief was past due and
    no motion for extension of time had been filed. The Court advised Appellants that the appeal would
    be dismissed unless they responded within ten days and provided a reason why the appeal should be
    continued. See TEX .R.APP .P. 38.8. No reply has been filed.
    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); 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,
    requested a response if a reasonable basis for failure to file the brief exists, and have received none.
    We see no purpose that would be served by declining to dismiss this appeal at this stage of the
    proceedings. Pursuant to TEX .R.APP .P. 42.3(b), 42.3(c), and 38.8(a)(1), we dismiss the appeal for
    want of prosecution.
    June 30, 2008
    ANN CRAWFORD McCLURE, Justice
    Before Chew, C.J., McClure, and Carr, JJ.
    

Document Info

Docket Number: 08-08-00035-CV

Filed Date: 6/30/2008

Precedential Status: Precedential

Modified Date: 9/9/2015