Arnold D. LaCour and Kimberly Pettit v. Anahi Pineda and Sergio Leyva ( 2021 )

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.
1
We hear this case on transfer from Fourth Court of Appeals in San Antonio. See TEX.R.APP.P. 41.3.
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. TEX.R.APP.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
TEX.R.APP.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.
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