Robert Hansman v. McDonalds Restaurant, York Claims Service, Lexington Insurance Company and Castro Enterprises, Inc.Appeal from 120th District Court of El Paso County (memorandum opinion by chief justice mcclure)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § ROBERT HANSMAN, § No. 08-13-00295-CV § Appeal from § 120th District Court § of El Paso County, Texas § (TC # 2011-2356) Appellant, v. McDONALDS RESTAURANT, YORK CLAIMS SERVICE, LEXINGTON INSURANCE COMPANY, AND CASTRO ENTERPRISES, INC., Appellees. § MEMORANDUM OPINION This appeal is before the Court on its own motion to determine 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 to file his brief, we dismiss the appeal. 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 pet.). Appellants brief was due to be filed on February 16, 2014, but it has not been filed. The Clerk of the Court notified Appellant that his brief was past due and informed him of the Court s intent to dismiss the appeal for want of prosecution unless, within ten days of the notice, Appellant or another party responded showing grounds to continue the appeal. Appellant has not filed his brief, a motion for extension of time, or any response to the Clerk s inquiry. Accordingly, we dismiss the appeal for want of prosecution. TEX.R.APP.P. 38.8(a)(1), 42.3(b). May 30, 2014 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ. -2-

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