James Barlow, and Wife, Joyce Barlow v. Albert R. Loya d/b/a New West Construction Company--Appeal from County Court at Law No 3 of El Paso County

State: Texas

Court: Texas Northern District Court

Docket No: 08-06-00263-CV

Case Date: 01/18/2007

Plaintiff: James Barlow, and Wife, Joyce Barlow

Defendant: Albert R. Loya d/b/a New West Construction Company--Appeal from County Court at Law No 3 of El Paso

Preview:James Barlow, and Wife, Joyce Barlow v. Albert R. Loya d/b/a New West Construction Company--Appeal from County Court at Law No 3 of El Paso County
Form: Dismiss TRAP 42.3 /**/ COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JAMES BARLOW, AND WIFE, JOYCE BARLOW,

Appellants, v.

ALBERT R. LOYA d/b/a NEW WEST CONSTRUCTION COMPANY,

Appellee.

No. 08-06-00263-CV

Appeal from the

County Court at Law No. 3

of El Paso County, Texas

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(TC# 2004-1141) MEMORANDUM OPINION

This is an attempted appeal from an order of the trial court granting judgment in favor of Appellee Albert R. Loya d/b/a New West Construction Company. On October 9, 2006, Appellants James and Joyce Barlow timely filed a notice of appeal in this cause. However, Appellants failed to file an appellant s brief or motion for extension of time. Pending before the Court on its own initiative is the dismissal of this appeal for want of prosecution. See Tex.R.App.P. 42.3(b). This Court possesses the authority to dismiss an appeal for want of prosecution when an appellant in a civil case fails to timely file its brief and gives no reasonable explanation for such failure. See Tex.R.App.P. 38.8(a)(1). On December 4, 2006, this Court s clerk sent a letter to the parties indicating the Court s intent to dismiss the case for want of prosecution absent a response from any party within ten days to show grounds for continuing the appeal. As of the date of this opinion, no response has been received. Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution. KENNETH R. CARR, Justice

January 18, 2007

Before Chew, C.J., McClure, and Carr, JJ.

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