Resignato, Paul v. Southwestern Bell Yellow Pages, Inc.--Appeal from County Court at Law No 5 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

PAUL RESIGNATO, )

) No. 08-02-00185-CV

Appellant, )

) Appeal from the

v. )

) County Court at Law #5

SOUTHWESTERN BELL YELLOW PAGES, )

INC., ) of El Paso County, Texas

)

Appellee. ) (TC# 98-3392)

)

O P I N I O N

Pending before the Court on its own initiative is the dismissal of this appeal for want of prosecution. Finding no Appellant=s brief has been filed, we dismiss the appeal.

Tex.R.App.P. 42.3 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.

On April 25, 2002, Appellant timely filed a notice of appeal in this cause. As of this date, no Appellant=s brief nor motion for extension of time has been filed with the Court. On September 3, 2002, this Court=s clerk sent a letter to the parties indicating the Court=s intent to dismiss the case for want of prosecution absent a response from any party within ten days. No response has been received as of this date. Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.

September 26, 2002

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

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

(Do Not Publish)