in the Interest of E. M. W., a Child

Court of Appeals of Texas

in the Interest of E. M. W., a Child

DecidedJanuary 9, 2008

Docket12-07-00347-CV

StatusPublished

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Opinion

MARY'S OPINION HEADING

NO. 12-07-00347-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 392ND

IN THE INTEREST OF E.M.W.,

A CHILD § JUDICIAL DISTRICT COURT OF

§ HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected his appeal on September 12, 2007. Thereafter, the reporter’s record was filed on November 8, 2007, making Appellant’s brief due on or before December 10, 2007. When Appellant failed to file his brief within the required time, this court notified him on December 20, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by January 2, 2008, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.

To date, Appellant has neither complied with or otherwise responded to this court’s December 20, 2007 notice. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered January 9, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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MARY'S OPINION HEADING

NO. 12-07-00347-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 392ND

IN THE INTEREST OF E.M.W.,

A CHILD § JUDICIAL DISTRICT COURT OF

§ HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected his appeal on September 12, 2007. Thereafter, the reporter’s record was filed on November 8, 2007, making Appellant’s brief due on or before December 10, 2007. When Appellant failed to file his brief within the required time, this court notified him on December 20, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by January 2, 2008, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.

To date, Appellant has neither complied with or otherwise responded to this court’s December 20, 2007 notice. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered January 9, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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