In the Interest of T.C.T. and T.B.T., Jr., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 17, 2024
• Docket: 05-23-01266-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 17, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01266-CV

IN THE INTEREST OF T.C.T. AND T.B.T., JR., CHILDREN

On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-23-06499

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Smith Opinion by Justice Smith The associate judge signed an order for child support arrearages. Because

appellant did not file a request for a de novo hearing before the referring court

within ten days of its signing, the order became the order of the referring court.

See TEX. FAM. CODE ANN. § 201.1041(a). Twenty-nine days after the order was

signed, appellant filed a “Notice of Appeal from Associate Judge’s Hearing.” By

letter dated February 5, 2024, we directed appellant to clarify, by written

verification within ten days, whether he intended to appeal to this Court. We

cautioned appellant that if he failed to comply, we would assume he did not intend

to pursue an appeal and dismiss the appeal. As of today’s date, appellant has not responded. Accordingly, we dismiss

the appeal. See TEX. R. APP. P. 42.3(c).

/Craig Smith/ CRAIG SMITH 231266F.P05 JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF T.C.T. AND On Appeal from the 330th Judicial T.B.T., JR., CHILDREN District Court, Dallas County, Texas Trial Court Cause No. DF-23-06499. No. 05-23-01266-CV Opinion delivered by Justice Smith. Justices Partida-Kipness and Nowell participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee Angela Frazier recover her costs of this appeal from appellant Timothy Bernard Tanner.

Judgment entered April 17, 2024

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