Gerard Morrison and Barbara Morrison v. the Legacy Realty

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

GERARD MORRISON and § No. 08-23-00044-CV BARBARA MORRISON, § Appeal from the Appellants, § County Court at Law v. § of Bastrop County, Texas THE LEGACY REALTY, § (TC# 22-21581) Appellee.

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed. See TEX. R. APP. P. 42.3. 1 Finding that Appellants have failed to file a brief or a motion

for extension of time to file the brief, we dismiss the appeal for want of prosecution.

On April 6, 2023, the Clerk of this Court notified Appellants by letter that the brief was

past due and no motion for extension of time had been filed. The letter advised Appellants that the

Court intended to dismiss the appeal for want of prosecution unless Appellants responded within

ten days and showed grounds for continuing the appeal. See TEX. R. APP. P. 38.8(a)(1). Appellants

1 This case was transferred from the Third Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. We follow the precedent of the Third Court of Appeals to the extent it might conflict with our own. See TEX. R. APP. P. 41.3. have not filed the brief, an extension motion, or any response to the Court’s inquiry. Accordingly,

we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).

GINA M. PALAFOX, Justice

April 21, 2023

Before Rodriguez, C.J., Palafox, and Soto, J.J.