ABI Investments, Inc., A Texas Corporation and Shannon Millsap, Individually v. Quail Construction, A Texas Corporation--Appeal from 109th District Court of Andrews County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ABI INVESTMENTS, INC., A TEXAS CORPORATION and

SHANNON MILLSAP, INDIVIDUALLY,

Appellants,

v.

QUAIL CONSTRUCTION, A TEXAS CORPORATION,

Appellee.

No. 08-06-00095-CV

Appeal from

109th District Court

of Andrews County, Texas

(TC # 16,861)

MEMORANDUM OPINION

This appeal is before the court on its own motion for determination of whether it should be dismissed for want of prosecution. Because Appellants have not filed a brief or motion for extension of time, and have not responded to our inquiry letter, we dismiss the appeal for want of prosecution.

This court possesses the authority to dismiss an appeal for want of prosecution when the appellant has failed to file his brief in the time prescribed, and gives no reasonable explanation for such failure. Tex.R.App.P. 38.8(a)(1); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex.App.--San Antonio 1998, no writ). We have given notice of our intent to dismiss the appeal for want of prosecution and have requested a response if there exists a reasonable basis for failure to file the brief. Appellants have not filed the brief, a motion for extension of time, or a response. We see no purpose that would be served by declining to dismiss this appeal at this stage of the proceedings. We therefore dismiss the appeal for want of prosecution. See Tex.R.App.P. 38.8(a)(1) (authorizing appellate court to dismiss appeal for want of prosecution where appellant fails to timely file brief); Tex.R.App.P. 42.3(c)(authorizing appellate court to dismiss appeal where the appellant fails to comply with a notice from the clerk requiring a response or other action within a specified time).

November 9, 2006

ANN CRAWFORD McCLURE, Justice

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