Maria Elena Ventura v. Mario Gomez

• Court: Court of Appeals of Texas
• Decided: April 22, 2024
• Docket: 08-23-00352-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

MARIA ELENA VENTURA, § No. 08-23-00352-CV

Appellant, § Appeal from the

v. § County Court at Law No. 5

MARIO GOMEZ, § of El Paso County, Texas

Appellee. § (TC#2020DCM0672)

MEMORANDUM OPINION

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

dismissed for want of prosecution. Tex. R. App. P. 42.3(b).

Appellant filed a notice of appeal on December 13, 2023. The reporter’s record was due to

be filed on January 12, 2024. On December 29, this Court granted Christina A. Bohren, CSR, an

extension of time to file the reporter’s record in this cause. On February 6, 2024, Bohren notified

this Court that Appellant had not requested the preparation of a reporter’s record.

On March 21, 2024, the Clerk of this Court sent a letter to Appellant notifying her that it

appeared that she no longer wished to pursue this appeal, as neither an appellant’s brief nor a

motion for an extension of time to file her brief had been filed. See Tex. R. App. P. 38.8(a)(1)

(allowing an appellate court to dismiss an appeal for want of prosecution if no appellant’s brief is filed). The letter indicated that this Court would submit this cause for dismissal after ten days

unless any party could show grounds for continuing the appeal. As of this date, Appellant has not

filed an appellant’s brief nor a motion for an extension of time to file her brief. Accordingly, we

dismiss this appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1).

JEFF ALLEY, Chief Justice

April 22, 2024

Before Alley, C.J., Palafox and Soto, JJ.