In the Interest of J.A.D., a Minor Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 14, 2023
• Docket: 05-23-00166-CV
• Status: Published

Opinion

DISMISS and Opinion Filed November 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00166-CV

IN THE INTEREST OF J.A.D., A MINOR CHILD

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-54784-2021

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Garcia Opinion by Justice Garcia Appellant’s brief in this case is overdue. On July 10, 2023, we notified

appellant his brief was overdue and directed him to file his brief within ten days.

We cautioned appellant that failure to do so would result in the dismissal of the

appeal without further notice. See TEX. R. APP. P. 38.8(a)(1); 42.3(c). By orders

dated July 24, 2023, August 28, 2023, and September 14, 2023, we extended the

time for appellant to file his brief until October 2, 2023. On October 4, 2023, we

received but did not file a brief appellant tendered to the Court. The same day, we

notified appellant that the Court would not consider the late brief unless appellant

filed, within ten days, a motion for extension of time to file the brief. To date, appellant has not filed such a motion nor otherwise corresponded with the Court

regarding the status of the brief received on October 4, 2023.

Accordingly, we dismiss this appeal. See id. 38.8(a)(1); 42.3(c).

/Dennise Garcia/ DENNISE GARCIA JUSTICE 230166F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF J.A.D., A On Appeal from the 401st Judicial MINOR CHILD District Court, Collin County, Texas Trial Court Cause No. 401-54784- No. 05-23-00166-CV 2021. Opinion delivered by Justice Garcia. Justices Partida-Kipness and Pedersen, III participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered November 14, 2023

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