in the Interest of A.P.A., P.M.A. and L.M.A.

• Court: Court of Appeals of Texas
• Decided: November 15, 2018
• Docket: 09-18-00175-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00175-CV ____________________

IN THE INTEREST OF A.P.A., P.M.A. AND L.M.A.

________________________________________________________________________

On Appeal from the County Court at Law Polk County, Texas Trial Cause No. PC06277 ________________________________________________________________________

MEMORANDUM OPINION

The trial court signed a final order in a suit to modify parent-child relationship

on March 22, 2018. Balie Marie Humble, appellant, filed a notice of appeal but failed

to file a brief. On October 8, 2018, we notified the parties that appellant’s brief was

past due and had not been filed, that the appeal would be submitted on the record

alone unless we received a brief and motion for extension of time by October 18,

2018, and we warned appellant that her failure to file a brief could result in dismissal

of the appeal for want of prosecution. On October 22, 2018, having received no

response to the late brief notice, we notified the parties that the appeal would be 1 submitted to the Court on November 13, 2018, without briefs and without oral

argument. See Tex. R. App. P. 39.8.

If an appellant fails to timely file a brief, the appellate court may dismiss the

appeal for want of prosecution, unless the appellant reasonably explains the failure

and the appellee is not significantly injured by the appellant’s failure to timely file a

brief. See Tex. R. App. P. 38.8(a)(1). In this case, Appellant failed to assign error for

appellate review by filing a brief. Accordingly, we dismiss the appeal for want of

prosecution. Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on November 13, 2018 Opinion Delivered November 15, 2018

Before McKeithen, C.J., Kreger and Johnson, JJ.