Ronald E. Powdrell v. Chase Mortgage Co., Chemical Mortgage--Appeal from County Court at Law No 2 of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-00-154-CV

RONALD E. POWDRELL,

Appellant

v.

CHASE MORTGAGE CO.,

F/K/A CHEMICAL MORTGAGE,

Appellees

From the County Court at Law No. 2

Dallas County, Texas

Trial Court # CC-00-720-B

MEMORANDUM OPINION

Chase Mortgage Co. brought a forcible detainer suit in a Dallas County Justice Court against Ronald Powdrell after Powdrell refused to vacate property Chase acquired at a foreclosure sale. Tex. Prop. Code Ann. 24.002 (Vernon Supp. 2000). Powdrell failed to answer Chase s petition and the Justice of the Peace rendered a default judgment against him awarding Chase possession of the property. Powdrell appealed to the Dallas County Court at Law No. 2, but again failed to file a written answer even though he had been advised to file one as required by the Rules of Civil Procedure. Tex. R. Civ. P. 751. The County Court at Law rendered a default judgment against Powdrell awarding possession of the property to Chase and again he filed an appeal from that judgment.

The Clerk s Record was filed on March 10, 2000. Powdrell has not requested a Reporter s Record; thus, his brief was due thirty days after the Clerk s Record was filed, i.e., by April 10, 2000. Powdrell has not filed a brief, a motion for extension of time, or any other document with this Court since his appeal was filed.

On June 9, 2000, Chase filed a motion to dismiss this appeal for want of prosecution, arguing that Powdrell s failure to file a brief, move for an extension, or offer any excuse for his failure to do so constitutes want of prosecution. See Tex. R. App. P. 38.8(a)(1). Although we have waited for nearly a month to rule upon the motion, Powdrell has not responded to Chase s request.

Therefore, we grant Chase s motion and dismiss this appeal for want of prosecution.

PER CURIAM

Before Chief Justice Davis

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed July 19, 2000

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