DocketNumber： 08-07-00172-CV
Filed Date： 1/17/2008
Status： Precedential
Modified Date： 9/9/2015
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ARTURO MEDINA, BRIGIDA MEDINA, INDIVIDUALLY AND AS NEXT FRIEND OF ARTURO MEDINA JR. AND GENESIS MEDINA, Appellants, v. CANUTILLO I.S.D. and MARIA DEL CARMEN VILLELA, Appellees. |
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210th District Court of El Paso County, Texas (TC #2006-4402) |
Pending before the Court is Appellees' motion to dismiss the appeal for want of prosecution. Finding that Appellants have not filed a brief, we dismiss the appeal for want of prosecution.
Appellants filed their notice of appeal on July 16, 2007. The Clerk's record was filed on July 25, 2007 and a reporter's record was not filed. Therefore, Appellants' brief was due to be filed by August 24, 2007. On August 30, 2007, the Clerk's Office informed Appellants by letter that their brief was past due and no motion for extension of time had been filed. That same date, Appellants filed a motion for an extension of time to file their brief. The Court granted Appellants' motion and extended the due date of the brief until October 8, 2007. Appellants did not file their brief on the due date and they have not requested an extension of time. On November 16, 2007, Appellees filed a motion to dismiss the appeal for want of prosecution. Appellants have not responded to the motion to dismiss.
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). We grant Appellees' motion and dismiss the appeal for want of prosecution pursuant to Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b). We further grant Appellees' request to tax the costs of appeal against Appellants.
January 17, 2008
ANN CRAWFORD McCLURE, Justice
Before Chew, C.J., McClure, and Carr, JJ.