Joe Gallegos D/B/A Quest Contracting v. United Machinery, Inc.--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOE GALLEGOS d/b/a

QUEST CONTRACTING,

Appellant,

v.

UNITED MACHINERY, INC.,

Appellee.

No. 08-06-00021-CV

Appeal from

327th District Court

of El Paso County, Texas

(TC # 2004-3377)

MEMORANDUM OPINION

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 January 26, 2006, Appellant filed a notice of appeal in this cause. Appellant s brief was due August 18, 2006. As of this date, no Appellant s brief nor motion for extension of time has been filed with the Court. On September 6, 2006, 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.

October 19, 2006

ANN CRAWFORD McCLURE, Justice

Before McClure, J., Chew, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.), sitting by assignment

Chew, J., not participating