in the Interest of S.B., a Child v. Texas Department of Family and Protective Services, an Agency of the State of Texas

Court of Appeals of Texas

in the Interest of S.B., a Child v. Texas Department of Family and Protective Services, an Agency of the State of Texas

DecidedSeptember 17, 2020

Docket14-20-00506-CV

StatusPublished

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in the Interest of S.B., a Child v. Texas Department of Family and Protective Services, an Agency of the State of Texas, (Tex. Ct. App. 2020).

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Opinion

Order filed September 17, 2020

In The

Fourteenth Court of Appeals ____________

NO. 14-20-00506-CV ____________

IN THE INTEREST OF S.B., A CHILD, Appellant

V.

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, AN AGENCY OF THE STATE OF TEXAS, Appellee

On Appeal from the 314th District Court Harris County, Texas Trial Court Cause No. 2019-68803

ORDER

This is an appeal from a judgment signed July 2, 2020. The notice of appeal was filed July 16, 2020. The clerk responsible for preparing the record in this appeal informed the court that appellants, J.B. and D.B., have not made arrangements to pay for the record. See Tex. R. App. P. 35.3(a)(2). On July 28, 2020, the court notified all parties of the court’s intention to dismiss the appeal for want of prosecution unless, by August 12, 2020, appellants paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b).

On August 14, 2020, appellants filed a motion for judicial notice regarding inclusion of materials from another trial court proceeding in the record for this appeal.1 The motion suggested appellants had paid for the clerk’s record. However, no clerk’s record has been filed.

Because it is unclear whether appellants have paid for the clerk’s record, we issue the following order:

If appellants do not provide proof to this court by October 2, 2020 that they have paid or arranged to pay for the clerk’s record, the appeal will be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). If the clerk’s record is filed before October 2, 2020, no such proof need be provided.

PER CURIAM

Panel consists of Justices Christopher, Jewell, and Zimmerer.

1 The motion was denied on September 15, 2020.

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Order filed September 17, 2020

In The

Fourteenth Court of Appeals ____________

NO. 14-20-00506-CV ____________

IN THE INTEREST OF S.B., A CHILD, Appellant

V.

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, AN AGENCY OF THE STATE OF TEXAS, Appellee

On Appeal from the 314th District Court Harris County, Texas Trial Court Cause No. 2019-68803

ORDER

This is an appeal from a judgment signed July 2, 2020. The notice of appeal was filed July 16, 2020. The clerk responsible for preparing the record in this appeal informed the court that appellants, J.B. and D.B., have not made arrangements to pay for the record. See Tex. R. App. P. 35.3(a)(2). On July 28, 2020, the court notified all parties of the court’s intention to dismiss the appeal for want of prosecution unless, by August 12, 2020, appellants paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b).

On August 14, 2020, appellants filed a motion for judicial notice regarding inclusion of materials from another trial court proceeding in the record for this appeal.1 The motion suggested appellants had paid for the clerk’s record. However, no clerk’s record has been filed.

Because it is unclear whether appellants have paid for the clerk’s record, we issue the following order:

If appellants do not provide proof to this court by October 2, 2020 that they have paid or arranged to pay for the clerk’s record, the appeal will be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). If the clerk’s record is filed before October 2, 2020, no such proof need be provided.

PER CURIAM

Panel consists of Justices Christopher, Jewell, and Zimmerer.

1 The motion was denied on September 15, 2020.

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in the Interest of S.B., a Child v. Texas Department of Family and Protective Services, an Agency of the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-sb-a-child-v-texas-department-of-family-and-texapp-2020.