In re: Estate of John Allen Heinlein, Deceased--Appeal from Probate Court No 1 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appeal from the

Probate Court

of El Paso County, Texas

(TC# 2003-P00818)

MEMORANDUM OPINION

This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) for failure to file an Appellant's brief. Finding that Appellant has failed to file a brief or a motion for extension of time, we dismiss the appeal.

Appellant Cynthia Heinlein filed a notice of appeal in this case on December 8, 2006. Appellant requested, and this Court granted, two briefing extensions. Appellant did not file a brief in accordance with the extensions. Following the expiration of the second extension, the Clerk of this Court notified Appellant, by letter dated May 9, 2007, of the Court's intent to dismiss the appeal for want of prosecution unless Appellant responded within ten days. Appellant has not responded to the Clerk's notice.

This Court possesses the authority to dismiss an appeal for want of prosecution when appellant has failed to file a brief in the time prescribed, and gives no reasonable explanation for such failure. Tex. R. App. P. 38.8(a)(1). An appeal may also be dismissed because the appellant has failed to comply with a requirement of the Rules of Appellate Procedure or a court order. See Tex. R. App. P. 42.3. Appellant has failed to file a brief and has failed to file a motion for extension of time in response to an order of this Court. Pursuant to Rules 38.8(a)(1) and 42.3(c), we dismiss the appeal for want of prosecution.

KENNETH R. CARR, Justice

July 5, 2007

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