in the Interest of M.N.M. and W.J.M., Children

Court of Appeals of Texas

in the Interest of M.N.M. and W.J.M., Children

DecidedOctober 6, 2011

Docket11-11-00232-CV

StatusPublished

This text of in the Interest of M.N.M. and W.J.M., Children (in the Interest of M.N.M. and W.J.M., Children) 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.

Bluebook

in the Interest of M.N.M. and W.J.M., Children, (Tex. Ct. App. 2011).

Pincite

Opinion

Order filed October 6, 2011

In The

Eleventh Court of Appeals

__________

No. 11-11-00232-CV

IN THE INTEREST OF M.N.M. AND W.J.M., CHILDREN

On Appeal from the 70th District Court

Ector County, Texas

Trial Court Cause No. A-2977-PC

O R D E R

On July 29, 2011, the trial court signed an order terminating the parental rights of the parents of M.N.M. and W.J.M. Counsel for the mother filed two untimely notices of appeal on the mother’s behalf. Pursuant to Tex. R. App. P. 26.1(b), the notice of appeal was due to be filed August 18, 2011. Appellant’s notices of appeal were filed on August 22 and August 25. Upon receipt of the docketing statement and the notices of appeal, this court wrote appellant on August 29, 2011, and informed her that the notices of appeal appeared to be untimely under Tex. R. App. P. 26.1. We requested that appellant either (1) respond and provide proof that a notice of appeal was timely filed or (2) file a motion for an extension of time to file the notice of appeal and provide a reasonable explanation for the failure to timely file a notice of appeal. See Tex. R. App. P. 10.5(b), 26.3. Appellant did not file a motion for extension and has not responded to our August 29 letter.

In a separate letter dated August 29, 2011, this court notified appellant that the $175 filing fee was due in our court and directed her to forward that amount to this court within ten days of the date of the letter. Appellant has not paid the filing fee, nor has she filed an affidavit of indigence in compliance with Tex. R. App. P. 20.1.

Should appellant no longer desire to prosecute this appeal, appellant is requested to file a motion to dismiss in compliance with Tex. R. App. P. 42.1. Otherwise, on or before October 21, 2011, appellant is directed (1) to respond and show grounds for continuing this appeal and (2) to either submit to our office the $175 filing fee or file a proper affidavit of indigence. If appellant does not do so by the October 21 due date, this appeal may be dismissed pursuant to Tex. R. App. P. 42.3.

PER CURIAM

October 6, 2011

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.

Free access — add to your briefcase to read the full text and ask questions with AI

Order filed October 6, 2011

In The

Eleventh Court of Appeals

__________

No. 11-11-00232-CV

IN THE INTEREST OF M.N.M. AND W.J.M., CHILDREN

On Appeal from the 70th District Court

Ector County, Texas

Trial Court Cause No. A-2977-PC

O R D E R

On July 29, 2011, the trial court signed an order terminating the parental rights of the parents of M.N.M. and W.J.M. Counsel for the mother filed two untimely notices of appeal on the mother’s behalf. Pursuant to Tex. R. App. P. 26.1(b), the notice of appeal was due to be filed August 18, 2011. Appellant’s notices of appeal were filed on August 22 and August 25. Upon receipt of the docketing statement and the notices of appeal, this court wrote appellant on August 29, 2011, and informed her that the notices of appeal appeared to be untimely under Tex. R. App. P. 26.1. We requested that appellant either (1) respond and provide proof that a notice of appeal was timely filed or (2) file a motion for an extension of time to file the notice of appeal and provide a reasonable explanation for the failure to timely file a notice of appeal. See Tex. R. App. P. 10.5(b), 26.3. Appellant did not file a motion for extension and has not responded to our August 29 letter.

In a separate letter dated August 29, 2011, this court notified appellant that the $175 filing fee was due in our court and directed her to forward that amount to this court within ten days of the date of the letter. Appellant has not paid the filing fee, nor has she filed an affidavit of indigence in compliance with Tex. R. App. P. 20.1.

Should appellant no longer desire to prosecute this appeal, appellant is requested to file a motion to dismiss in compliance with Tex. R. App. P. 42.1. Otherwise, on or before October 21, 2011, appellant is directed (1) to respond and show grounds for continuing this appeal and (2) to either submit to our office the $175 filing fee or file a proper affidavit of indigence. If appellant does not do so by the October 21 due date, this appeal may be dismissed pursuant to Tex. R. App. P. 42.3.

PER CURIAM

October 6, 2011

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.

Cite This Page — Counsel Stack

Bluebook (online)

in the Interest of M.N.M. and W.J.M., Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mnm-and-wjm-children-texapp-2011.