in the Interest of A.M. and M.M., Children

• Court: Court of Appeals of Texas
• Decided: November 21, 2018
• Docket: 02-18-00290-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-18-00290-CV ___________________________

IN THE INTEREST OF A.M. AND M.M., CHILDREN

On Appeal from the 360th District Court Tarrant County, Texas Trial Court No. 360-596726-16

Before Sudderth, C.J.; Kerr and Pittman, JJ. Memorandum Opinion by Chief Justice Sudderth MEMORANDUM OPINION

On September 14, 2018, Appellant B.M. (Father) filed a notice of his intent to

appeal the trial court’s termination of his parental rights to A.M. and M.M. Prior to

the termination of his parental rights, Father was convicted of continuing sexual abuse

of A.M., and he is currently incarcerated. By letter dated October 1, 2018, and

addressed to Father’s address at the Clements Unit in Amarillo (as listed in his notice

of appeal), we notified Father that he had not paid the filing fee required by appellate

procedure rule 5. Tex. R. App. P. 5. We cautioned that if the fee was not paid by

October 11, 2018, we would dismiss the case. Tex. R. App. P. 42.3(c).

The October 1 letter was returned to this court with a notation that Father had

been transferred from the Clements Unit pursuant to a bench warrant; this court

subsequently determined that Father was being held in the Tarrant County Jail. The

notice was forwarded to Father at the Tarrant County Jail on October 15, 2018. As of

today’s date, Father has not paid the filing fee.

We therefore dismiss this appeal. Tex. R. App. P. 42.3(c).1

/s/ Bonnie Sudderth Bonnie Sudderth Chief Justice Delivered: November 21, 2018 1 On October 22, 2018, Father filed a “Request for Deadline Extension” in which he asserted that he had not received notice of the trial court’s judgment and therefore was entitled to an extension of any appellate deadlines running from the date of the signing of the judgment. See Tex. R. App. P. 4.2. Father is mistaken, as he attached the judgment to the notice of appeal that he filed on September 14, 2018. We therefore deny his request for a rule 4.2 extension.