Kenneth Ray Hunt v. Joseph Casal

• Court: Court of Appeals of Texas
• Decided: February 20, 2003
• Docket: 08-02-00378-CV
• Status: Published

Opinion

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

KENNETH RAY HUNT, Appellant, v. JOSEPH CASAL, ET AL., Appellees.

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No. 08-02-00378-CV Appeal from the 83rd Judicial District Court of Pecos County, Texas (TC#P-6026-83-CV)

M E M O R A N D U M O P I N I O N

This appeal is before the Court on its own motion, for determination of whether it should be dismissed for want of prosecution. Finding that Appellant's brief has not been filed, we dismiss the appeal.

This appeal is from an order signed August 6, 2002, dismissing Appellant's claims. Appellant's notice of appeal was timely filed on August 26, 2002. The Clerk's Record was filed on November 22, 2002. Appellant's brief was due December 22, 2002, but no brief has been received in this Court, nor has a motion for extension of time to file Appellant's brief been received. On January 22, 2003, pursuant to Tex. R. App. P. 38.8, this Court's clerk sent the parties a notice of the Court's intent to dismiss for want of prosecution if, within ten days of the notice, no party responded showing grounds to continue the appeal. No response has been received as of this date.

This Court possesses the authority to dismiss an appeal for want of prosecution when Appellant has failed to file his brief in the time prescribed, and gives no reasonable explanation for such failure. See Tex. R. App. P. 38.8; Celotex Corp. Inc. v. Gracy Meadow Owners Assoc., Inc., 847 S.W.2d 384, 385 n.1 (Tex. App.--Austin 1993, writ denied). We have given notice of our intent to do so, requested a response if a reasonable basis for failure to file the brief or statement of facts exists, and have received none. We see no purpose that would be served by declining to dismiss this appeal at this stage of the proceedings. Pursuant to Tex. R. App. P. 38.8, we dismiss the appeal for want of prosecution.

February 20, 2003

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.