in the Interest of T. B. and J. W.

Court of Appeals of Texas

in the Interest of T. B. and J. W.

DecidedMay 16, 2007

Docket12-06-00338-CV

StatusPublished

This text of in the Interest of T. B. and J. W. (in the Interest of T. B. and J. W.) 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.

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Opinion

DISMISSAL FORM FOR CRIMINAL CASES ON ANT'S MOTION/OR WD NOA

NO. 12-06-00338-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 420TH

IN THE INTEREST OF T.B. AND J.W., § JUDICIAL DISTRICT COURT OF

CHILDREN

§ NACOGDOCHES COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This accelerated appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected his appeal on August 9, 2006. Thereafter, the reporter’s record was filed on December 12, 2006, making Appellant’s brief due on or before January 2, 2007. When Appellant failed to file his brief within the required time, this court notified him on January 23, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by February 2, 2007, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.

On February 5, 2007, Appellant tendered a motion for extension of time, which was granted, and Appellant’s time for filing the brief was extended until March 5, 2007. However, Appellant did not file a brief by the extended deadline. On March 9, 2007, this court again notified Appellant that the brief was past due and warned that if no motion for extension of time to file the brief was received by March 19, 2007, the appeal would be dismissed for want of prosecution under Rule 42.3(b). On March 26, 2007, Appellant tendered a motion for extension of time, which was granted, and the time for filing the brief was extended until May 3, 2007. However, Appellant was informed that no further extensions would be entertained by the court. Appellant was further informed that failure to file the brief by the extended deadline would result in the appeal being presented to the court for dismissal pursuant to Texas Rule of Appellate Procedure 38.8. The extended deadline has passed, and Appellant has not filed a brief. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered May 16, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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DISMISSAL FORM FOR CRIMINAL CASES ON ANT'S MOTION/OR WD NOA

NO. 12-06-00338-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 420TH

IN THE INTEREST OF T.B. AND J.W., § JUDICIAL DISTRICT COURT OF

CHILDREN

§ NACOGDOCHES COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This accelerated appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected his appeal on August 9, 2006. Thereafter, the reporter’s record was filed on December 12, 2006, making Appellant’s brief due on or before January 2, 2007. When Appellant failed to file his brief within the required time, this court notified him on January 23, 2007 that the brief was past due and warned that if no motion for extension of time to file the brief was received by February 2, 2007, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that Appellee had not suffered material injury thereby.

On February 5, 2007, Appellant tendered a motion for extension of time, which was granted, and Appellant’s time for filing the brief was extended until March 5, 2007. However, Appellant did not file a brief by the extended deadline. On March 9, 2007, this court again notified Appellant that the brief was past due and warned that if no motion for extension of time to file the brief was received by March 19, 2007, the appeal would be dismissed for want of prosecution under Rule 42.3(b). On March 26, 2007, Appellant tendered a motion for extension of time, which was granted, and the time for filing the brief was extended until May 3, 2007. However, Appellant was informed that no further extensions would be entertained by the court. Appellant was further informed that failure to file the brief by the extended deadline would result in the appeal being presented to the court for dismissal pursuant to Texas Rule of Appellate Procedure 38.8. The extended deadline has passed, and Appellant has not filed a brief. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).

Opinion delivered May 16, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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