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Arnold D. LaCour and Kimberly Pettit v. Anahi Pineda and Sergio Leyva
08-21-00078-CV
| Tex. App. | Jun 29, 2021
|
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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

Case Details

Case Name: Arnold D. LaCour and Kimberly Pettit v. Anahi Pineda and Sergio Leyva
Court Name: Court of Appeals of Texas
Date Published: Jun 29, 2021
Docket Number: 08-21-00078-CV
Court Abbreviation: Tex. App.
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