In the Interest of M.K. and O.K., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 9, 2025
• Docket: 06-24-00060-CV
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-24-00060-CV

IN THE INTEREST OF M.K. AND O.K., CHILDREN

On Appeal from the County Court at Law Bowie County, Texas Trial Court No. 23C0495-CCL

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION

Appellant filed a timely notice of appeal. The reporter’s record, the clerk’s record, and a

supplemental clerk’s record were filed on August 19, 2024. Appellant’s pro se appellate brief

was due on October 22. When neither a brief nor a motion to extend time for filing same was

received by November 4, this Court advised Appellant by letter that her brief was late. We also

warned Appellant that the failure to file a brief by November 19 would subject this appeal to

dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

Appellant did not respond to our communication and did not file an appellate brief.

Because we received no response to our letter of November 4, we dismissed Appellant’s appeal

for want of prosecution pursuant to Rules 38.8 and 42.3 of the Texas Rules of Appellate

Procedure. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

On December 6, Appellant filed a motion for rehearing asking this Court to reconsider its

dismissal of her appeal for want of prosecution. Appellant stated that she had been hospitalized

from November 3 through November 24 and that she did not receive our November 4 letter in

time to file her brief by November 19. She also stated in her motion that she had already

prepared her appellate brief and was prepared to file it should the Court reinstate her case.1

In the interest of justice, on December 12, the Court granted Appellant’s motion for

rehearing, withdrew its previous memorandum opinion and judgment, and reinstated the appeal

on the Court’s docket. The Court also informed Appellant that her brief would be due on or

before December 19. Appellant did not file her appellate brief by the stated date.

1 Appellee had no objection to Appellant’s motion for rehearing. 2 Consequently, we dismiss this appeal for want of prosecution pursuant to Rules 38.8 and

42.3 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

Jeff Rambin Justice

Date Submitted: January 8, 2025 Date Decided: January 9, 2025