In the Interest of T.S., a Child v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: May 7, 2026
• Docket: 02-26-00042-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-26-00042-CV ___________________________

IN THE INTEREST OF T.S., A CHILD

On Appeal from the 367th District Court Denton County, Texas Trial Court No. 25-0267-367

Before Kerr, Birdwell, and Womack, JJ. Memorandum Opinion by Justice Womack MEMORANDUM OPINION

Appellant S.H. (Mother) filed a notice of appeal from the final judgment

terminating her parent–child relationship with her daughter, T.S.1

On April 7, 2026, this court notified Mother that her appellant’s brief, which

was due on March 25, 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)(A) (explaining that termination appeals are accelerated).

We warned Mother that, under Rule of Appellate Procedure 38.8(a)(1), her appeal

could be dismissed for want of prosecution unless she filed with the court, on or

before April 17, 2026, a brief along with a motion reasonably explaining the brief’s

untimeliness 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, then 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).

1 We use initials for the minor and the relationship to the minor for others in order to protect the child’s identity. See Tex. Fam. Code § 109.002(d); Tex. R. App. P. 9.8(b)(2).

2 That date has passed, and Mother has not responded. We therefore dismiss

her appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).

/s/ Dana Womack

Dana Womack Justice

Delivered: May 7, 2026