Ex Parte N.C.

Court of Appeals of Texas·Decided July 19, 2017·No. 10-14-00102-CV·Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-14-00102-CV

EX PARTE N.C.

From the 12th District Court Walker County, Texas

Trial Court No. 26744

ORDER

Appellant’s attorney filed a motion to withdraw and an Anders brief in support of that motion. Counsel stated when the items were filed that copies were also sent to appellant. Asserting he had not received them, appellant requested a copy of the motion to withdraw and brief. In the same document, appellant also requested an additional 30 days to file his response.

Although formatted as a letter, the document dated June 30, 2017 which we received from appellant is actually a motion, and all motions must be served on all parties to the appeal and contain proper proof of service. See TEX. R. APP. P. 9.5.1 It was not

1 Even if it was simply a letter, the rules require a copy to be sent to all parties. See TEX. R. APP. P. 6.3.

served and did not contain proper proof of service.

Appellant has been warned of the consequences of failing to comply with this requirement before and, with regard to other documents filed since the warning, has complied with it.

Accordingly, appellant’s motion is denied.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion denied Order issued and filed July 19, 2017

Ex parte N.C. Page 2

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