Hector P. Gonzalez and All Other Occupants of 9866 Staubach Drive, El Paso TX 79927 v. Chase Manhattan Mortgage Corporation--Appeal from County Court at Law No 5 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

HECTOR P. GONZALEZ AND ALL OTHER OCCUPANTS OF 9866 STAUBACH DRIVE, EL PASO, TX 79927,

Appellants,

v.

CHASE MANHATTAN MORTGAGE CORPORATION,

Appellee.

No. 08-05-00191-CV

Appeal from the

County Court at Law No. 5

of El Paso County, Texas

(TC# 2005-J00012-5)

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. See Tex.R.App.P. 42.3(b). 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. See Tex.R.App.P. 38.8(a)(1).

On May 12, 2005, Appellants timely filed a notice of appeal in this cause. As of this date, no Appellants brief nor motion for extension of time has been filed with the Court. On August 22, 2005, 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 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.

RICHARD BARAJAS, Chief Justice

October 20, 2005

Before Barajas, C.J., McClure, and Chew, JJ.

Chew, J., not participating