in the Guardianship of Alice Genevieve Smith, an Incapacitated Person
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Opinion
In The Court of Appeals Seventh District of Texas at Amarillo ________________________
No. 07-14-00411-CV ________________________
IN THE GUARDIANSHIP OF ALICE GENEVIEVE SMITH, AN INCAPACITATED PERSON
On Appeal from the 46th District Court Wilbarger County, Texas Trial Court No. 26,004; Honorable Dan Mike Bird, Presiding
June 9, 2015
MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, Alice Genevieve Smith, perfected this appeal from the trial court’s
order denying her application to restore her rights and continuing guardianship of her
estate and person. The clerk’s record was filed on January 5, 2015. After several failed
attempts to be declared indigent by the trial court, Smith was unable to make
arrangements to pay for the reporter’s record and it was not filed. By letter dated April
15, 2015, the reporter’s record was deemed filed and the due date for the filing of
Appellant’s brief was set for May 15, 2015. In response to this court’s letter, counsel for Appellant advised this court that
efforts to continue this appeal had been exhausted and that Appellant “no longer
intends to file Appellant’s brief.” No motion to dismiss having been filed, this court
notified counsel by letter dated May 19, 2015, that failure to timely file Appellant’s brief
by May 29, 2015, would subject the appeal to dismissal without further notice. See TEX.
R. APP. P. 38.8(a) and 42.3(b),(c). There was no response to the notice and the brief
remains outstanding.
Consequently, we dismiss this appeal for want of prosecution and failure to
comply with a notice from the Clerk of this court requiring action within a specified time.
Patrick A. Pirtle Justice
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