Torres, Janie v. Chandler, Ramona, Judy Gahan and Future Company Realtors, Individually, Jointly and Severally--Appeal from County Court at Law No 7 of El Paso County

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 
JANIE TORRES,

Appellant,

 

v.

 

RAMONA CHANDLER, JUDY GAHAN, AND FUTURE COMPANY REALTORS, INDIVIDUALLY, JOINTLY AND SEVERALLY,

 

Appellees.

 

 

 

 

No. 08-02-00122-CV

 

Appeal from the

 

County Court at Law

No. Seven

 

of El Paso County, Texas

 

(TC# 98-644)

M E M O R A N D U M O P I N I O N

This appeal is before the Court on its own motion, for determination of whether it should be dismissed for want of prosecution. Finding that no Appellant's brief has been filed, we dismiss the appeal.

FACTS

This appeal is from a judgment signed March 13, 2002. Appellant filed her notice of appeal on April 3, 2002. The Clerks' Record was timely filed on June 27, 2002. Appellant's brief was due July 27, 2002, but no brief has been received in this Court, nor has a motion for extension of time to file Appellant's brief been received. On August 20, 2002, pursuant to Tex. R. App. P. 42.3(b), this Court's clerk 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.

Appellant's Failure to File Brief

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. See Tex. R. App. P. 38.8; Celotex Corp. Inc. v. Gracy Meadow Owners Assoc., Inc., 847 S.W.2d 384, 385 n.1 (Tex. App--Austin 1993, writ denied). 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. Pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3(b), we dismiss the appeal for want of prosecution.

February 6, 2003

 

RICHARD BARAJAS, Chief Justice

 

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.