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

• Court: Court of Appeals of Texas
• Decided: November 1, 2023
• Docket: 05-23-00784-CV
• Status: Published

Opinion

DISMISS and Opinion Filed November 1, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00784-CV

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

On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-18-18505

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns This appeal from the trial court’s May 25, 2023 order modifying the parent-

child relationship was filed on August 10, 2023. Because the record reflected no

post-judgment motion or request for findings of fact and conclusions of law was

timely filed, it appeared the appeal was a restricted appeal. See TEX. R. APP. P. 30.

The notice of appeal, however, did not comply with the requirements for a notice of

restricted appeal. See id. 25.1(d)(7). Accordingly, we directed appellant to file, no

later than October 23, 2023, an amended notice of appeal that complied with the

requirements. Although we cautioned appellant that failure to comply could result in dismissal of the appeal without further notice, appellant has not responded to date.

See id. 42.3(a), (c). Accordingly, we dismiss the appeal. See id.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 230784F.P05

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

IN THE INTEREST OF J.D.F., A On Appeal from the 256th Judicial CHILD District Court, Dallas County, Texas Trial Court Cause No. DF-18-18505. No. 05-23-00784-CV Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein participating.

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

It is ORDERED that appellee JA’MARLON FOSTER recover his costs of this appeal from appellant ERICA MALONE.

Judgment entered November 1, 2023

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