In the Interest of N.L., N.L., and V.F., Children v. the State of Texas
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Opinion
In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-26-00020-CV ___________________________
IN THE INTEREST OF N.L., N.L., AND V.F., CHILDREN
On Appeal from the 233rd District Court Tarrant County, Texas Trial Court No. 233-537718-13
Before Sudderth, C.J.; Birdwell and Walker, JJ. Memorandum Opinion by Justice Birdwell MEMORANDUM OPINION
Appellant Father filed a notice of appeal from the January 6, 2026 final order in
a suit affecting the parent–child relationship in which the Department of Family and
Protective Services was removed as the managing conservator of children N.L., N.L.,
and V.F.; the children’s mother was appointed the children’s sole managing
conservator; and Father was appointed as the children’s possessory conservator.
On March 16, 2026, this court notified Father that his appellant’s brief, which
was due on March 3, 2026, had not been filed as required by Rule of Appellate
Procedure 38.6(a). See Tex. R. App. P. 38.6(a) (explaining briefing deadline); see also
Tex. R. App. P. 28.4(a)(2)(B) (explaining that child-protection appeals are accelerated).
We informed Father that under Rule of Appellate Procedure 42.3(b), his appeal could
be dismissed for want of prosecution unless he filed with the court, on or before
March 26, 2026, a brief along with a motion reasonably explaining the failure to timely
file his brief and the need for an extension. See Tex. R. App. P. 10.5(b) (setting out
requirements for a motion to extend time), 38.8(a)(1) (explaining that if an appellant
fails to timely file a brief, the appellate court may “dismiss the appeal for want of
prosecution, unless the appellant reasonably explains the failure and the appellee is
not significantly injured by the appellant’s failure to timely file a brief”), 42.3(b)
(allowing court to dismiss appeal for want of prosecution after giving ten days’ notice
to all parties).
2 Father has not responded. We therefore dismiss the appeal for want of
prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).
/s/ Wade Birdwell
Wade Birdwell Justice
Delivered: April 16, 2026
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