in the Interest of N.V.R., D.A.R., and J.T.R., Children
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Opinion
In The Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-18-00112-CV
IN THE INTEREST OF N.V.R., D.A.R., AND J.T.R., CHILDREN
On Appeal from the 124th District Court Gregg County, Texas Trial Court No. 2007-2400-B
Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION William Runnels filed a timely notice of appeal on December 21, 2018. The clerk’s record
was filed on March 5, 2019. The reporter’s record was filed on March 28, 2019. The original
deadline for Runnels’ appellate brief was April 29, 2019. When neither a brief nor a motion to
extend time for filing same was received by April 29, 2019, this Court advised Runnels by letter
dated May 14, 2019, that the brief was late. We further extended the deadline for filing the brief
to May 29, 2019. We warned Runnels that failure to file the brief by May 29, 2019, would subject
this appeal to dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
On May 23, 2019, Runnels filed a motion for an extension of time in which to file his brief.
We granted that motion and extended the briefing deadline to June 24, 2019. When neither a brief
nor a motion to extend time for filing same was received by June 24, 2019, this Court advised
Runnels by letter dated July 10, 2019, that the brief was late. We further extended the deadline
for filing the brief to July 25, 2019, and again warned Runnels that failure to file the brief by
July 25, 2019, would subject this appeal to dismissal for want of prosecution. See TEX. R. APP. P.
38.8(a)(1), 42.3(b), (c). Runnels has not filed his appellate brief. Instead, Runnels has filed a
motion to extend time in which to file his brief seeking a thirty-day extension of the deadline to
August 26, 2019. We deny this motion.
Runnels has been twice warned that the failure to timely file his appellate brief would
subject his appeal to dismissal for want of prosecution. To date, Runnels has had in excess of 140
days in which to prepare his brief. Runnels’ appeal is ripe for dismissal for want of prosecution.
2 Pursuant to Rules 38.8 and 42.3 of the Texas Rules of Appellate Procedure, we dismiss
this appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
Josh R. Morriss, III Chief Justice
Date Submitted: August 20, 2019 Date Decided: August 21, 2019
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