Arnold D. LaCour and Kimberly Pettit v. Anahi Pineda and Sergio Leyva Appeal from County Court at Law No. 10 of Bexar County (memorandum opinion)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ARNOLD D. LACOUR AND KIMBERLY PETTIT, § Appellants, v. ANAHI PINEDA AND SERGIO LEYVA, Appellees. § No. 08-21-00078-CV § Appeal from the § County Court at Law No. 10 § of Bexar County, Texas 1 § (TC# 2021CV00084) § MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution. Finding that Appellants have not filed a brief or a motion for extension of time, we dismiss the appeal. On May 27, 2021, the Clerk of the Court sent the parties a notice that Appellants had not filed a brief or motion for extension of time. Further, the notice advised the parties of the Court’s intent to dismiss for want of prosecution unless a party responded showing grounds to continue the appeal. No response has been received as of this date. 1 We hear this case on transfer from Fourth Court of Appeals in San Antonio. See TEX.R.APP.P. 41.3. This Court possesses the authority to dismiss an appeal for want of prosecution when the 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). Because Appellants failed to file a brief and have not responded to our inquiries, 2 we dismiss the appeal for want of prosecution pursuant to TEX.R.APP.P. 38.8(a)(1), 42.3(b), and 42.3(c). June 29, 2021 YVONNE T. RODRIGUEZ, Chief Justice Before Rodriguez, C.J., Palafox, and Alley, JJ. Appellees also filed a motion to dismiss contending that the appeal was moot because no supersedeas bond was filed and the judgment had already been executed. We asked Appellants for a response to this motion. Appellants did not respond to this request, either. Because we dismiss this appeal for want of prosecution, we overrule Appellees’ motion to dismiss as moot. 2 2

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