HECMMA, Inc. v. Coslight USA, Inc. ( 2006 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

HECMMA, INC.,                                     Appellant, v. COSLIGHT USA, INC.,                                     Appellee.	§ § § § § §	No. 08-06-00186-CV Appeal from  327th District Court of El Paso County, Texas (TC # 2004-1626)

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 not filed a brief or a motion for extension of time, we dismiss the appeal.

            Appellant filed notice of appeal on June 27, 2006 and the clerk’s record was filed on August 10, 2006. Appellant’s brief was therefore due to be filed on September 9, 2006. Appellant has not filed a brief or a motion for extension of time. On September 15, 2006, pursuant to Tex.R.App.P. 42.3, the Clerk of the Court sent the parties a notice of the court’s intent to dismiss for want of prosecution if, within ten days of the notice, no party 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 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 do so, requested a response if a reasonable basis for failure to file the brief or statement of facts 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. We dismiss the appeal for want of prosecution pursuant to Tex.R.App.P. 38.8(a)(1) and 42.3(c).

October 19, 2006                                                        

                                                                                    ANN CRAWFORD McCLURE, Justice

Before McClure, J., Chew, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.), sitting by assignment

Chew, J., not participating