In the Interest of J.M.B., R.P.B. III, I.V.B., Children v. the State of Texas
This text of In the Interest of J.M.B., R.P.B. III, I.V.B., Children v. the State of Texas (In the Interest of J.M.B., R.P.B. III, I.V.B., Children v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NUMBER 13-22-00085-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF J.M.B., R.P.B. III, I.V.B., CHILDREN
On appeal from the 214th District Court of Nueces County, Texas.
MEMORANDUM OPINION Before Justices Tijerina, Silva, and Peña Memorandum Opinion by Justice Tijerina
This cause is before the Court on its own motion due to appellant’s failure to file a
compliant brief. Appellant filed a notice of appeal on March 4, 2022. On February 2, 2023,
the Clerk of the Court notified appellant that his brief was past due, and his appeal was
subject to dismissal for want of prosecution. Appellant filed a brief on February 10, 2023.
On February 28, 2023, the Clerk of the Court notified appellant that his brief did not
comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.5(d), (e), 38.1.
On April 11, 2023, appellant’s motion to extend time to file an amended brief was granted, and appellant’s time to file an amended brief was extended to May 30, 2023. Appellant
did not file a brief.
On June 8, 2023, the Clerk of the Court notified appellant that if appellant did not
file an amended brief, the appeal would be dismissed. See id. 42.3. Appellant has not
filed an amended brief, and the defects have not been cured. See id. Appellant’s brief has
numerous formal defects and does not comply with the Texas Rules of Appellate
Procedure 9.5(d), (e), and 38.1. See id. 9.5(d), (e), 38.1.
Accordingly, under the authority of Texas Rule of Appellate Procedure 38.9(a), we
hereby strike appellant’s brief, and prohibit appellant from filing another brief. See id. 38.9.
We dismiss the appeal for want of prosecution and appellant’s failure to comply with this
Court’s directive and the appellate rules. See id. 38.8(a)(1), 42.3(b), (c).
JAIME TIJERINA Justice
Delivered and filed on the 27th day of July, 2023.
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