in the Interest of D. D. O., a Child

• Court: Court of Appeals of Texas
• Decided: July 31, 2008
• Docket: 13-06-00708-CV
• Status: Published

Opinion

NUMBER 13-06-00708-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

IN THE INTEREST OF D. D. O., A CHILD ____________________________________________________________

On appeal from the 93rd District Court of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Rodriguez Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on December 3, 2007. By order

issued on November 1, 2007, this Court directed appellant to file her brief in this matter on

or before December 3, 2007. On June 4, 2008, the Clerk of this Court notified appellant

that her brief had not been timely filed and that the appeal was subject to dismissal for

want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless within ten

days from the date of receipt of this letter, appellant reasonably explained the failure and

the appellee was not significantly injured by the appellant's failure to timely file a brief. After the Court obtained a new address for appellant, the Court again notified appellant

that her brief was overdue and requested a response. To date, appellant has neither filed

her brief in this matter nor otherwise responded to the Court’s notices.

Appellant has failed to either reasonably explain her failure to file a brief, file a

motion for extension of time to file her brief, or file her brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX . R. APP. P. 38.8(a), 42.3(b).

PER CURIAM

Memorandum Opinion delivered and filed this the 31st day of July, 2008.