Walton, Jud v. Exxon Corporation--Appeal from 238th District Court of Midland County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JUD WALTON,

Appellant,

v.

EXXON CORPORATION,

Appellee.

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No. 08-01-00397-CV

Appeal from the

238th Judicial District Court

of Midland County, Texas

(TC# 43,436)

O P I N I O N

Pending before the Court is the motion of Appellee, Exxon Corporation, to dismiss this appeal pursuant to Tex. R. App. P. 42.3, which states:

Under the following circumstances, on any party=s motion--or on its own initiative after giving ten days= notice to all parties--the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

(a) for want of jurisdiction;

(b) for want of prosecution; or

(c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.

Appellant=s brief was due on March 30, 2002, after this Court granted a third and final extension of time to file Appellant=s brief on March 13, 2002. On April 11, 2002, 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.

On April 29, 2002, Appellee, Exxon Corporation, filed its Motion to Dismiss, requesting this Court dismiss the appeal for want of prosecution. We have requested a response if a reasonable basis for failure to file the brief 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. 42.3(b), we grant Appellee=s Motion to Dismiss and dismiss the appeal for want of prosecution.

July 25, 2002

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RICHARD BARAJAS, Chief Justice

Before Panel No. 4

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

(Do Not Publish)