Case Information
*1 COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ARNOLD D. LACOUR AND § KIMBERLY PETTIT, § No. 08-21-00078-CV Appellants, § Appeal from the v. § County Court at Law No. 10 ANAHI PINEDA AND SERGIO LEYVA, of Bexar County, Texas [1] § Appellees. § (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.
*2 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. T EX .R.A PP .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 T EX .R.A PP .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.
NOTES
[1] We hear this case on transfer from Fourth Court of Appeals in San Antonio. See T EX .R.A PP .P. 41.3.
[2] 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
