In the Interest of J.D., a Child Appeal from 319th District Court of Nueces County (memorandum opinion)
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NUMBER 13-20-00373-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN THE INTEREST OF J.D., A CHILD. On appeal from the 319th District Court of Nueces County, Texas. MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Tijerina Memorandum Opinion by Justice Hinojosa Appellant Maricruz Delagarza filed a notice of appeal from a judgment signed on July 31, 2020 in trial court cause number 01-00872-G in the 319th District Court of Nueces County, Texas. The clerk’s record was filed on September 29, 2020, and the reporter’s record was filed on October 6, 2020. This Court granted appellant an extension of time to file her brief until December 23, 2020. However, the appellant did not timely file her brief. On January 27, 2021, the Clerk of this Court notified appellant that her brief had not been timely filed. The Clerk advised appellant that the appeal was subject to dismissal for want of prosecution unless, within ten days from the date of this letter, appellant reasonably explained the failure and the appellee was not significantly injured by the appellant’s failure to timely file a brief. See TEX. R. APP. P. 38.8(a). Appellant did not respond to the Clerk’s notice or file a brief in this matter. Appellate courts possess the authority to dismiss an appeal for want of prosecution when an appellant in a civil case fails to timely file its brief and gives no reasonable explanation for the failure. See id. R. 38.8(a)(1); id. R. 42.3(b); Am. Bail Bonds v. City of El Paso, 225 S.W.3d 612, 612 (Tex. App.—El Paso 2006, no pet.); Newman v. Clark, 113 S.W.3d 622, 623 (Tex. App.—Dallas 2003, no pet.) (per curiam). Similarly, courts may dismiss an appeal for want of prosecution generally or because the appellant has failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3 (b), (c). The Court, having examined and fully considered the documents on file and appellant’s failure to file a brief, is of the opinion that this appeal should be dismissed. Accordingly, we dismiss the appeal for want of prosecution. See id. R. 38.8(a), 42.3(b), (c). LETICIA HINOJOSA Justice Delivered and filed on the 15th day of April, 2021. 2
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