Esther D. Hinson v. James F. Hinson--Appeal from 65th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ESTHER D. HINSON, )

) No. 08-04-00003-CV

Appellant, )

) Appeal from the

v. )

) 65th District Court

JAMES F. HINSON, JR., )

) of El Paso County, Texas

Appellee. )

) (TC# 2000CM315)

)

MEMORANDUM OPINION

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.

This Court possesses 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 such failure. Tex.R.App.P. 38.8(a)(1).

On January 5, 2004, Appellant timely filed a notice of appeal in this cause. On February 10, 2004, this Court received Appellant=s Writ of Mandamus Notice of Appeal to the Eight Court of Appeals and Motion and Order for Continuance and An Extension. This Court construed this document as an extension of time to file Appellant=s brief and filed it on March 8, 2004. The Court granted Appellant=s motion and extended the due date for Appellant=s brief to March 29, 2004. Appellant neither filed a brief by this due date nor filed a motion for extension of time.

On April 6, 2004, pursuant to Tex.R.App.P. 38.8, 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 to show grounds for continuing the appeal. No response was received by such date. Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.

May 13, 2004

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

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