in the Interest of Z.P.

Court of Appeals of Texas

in the Interest of Z.P.

DecidedMarch 23, 2006

Docket14-05-01094-CV

StatusPublished

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in the Interest of Z.P., (Tex. Ct. App. 2006).

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Opinion

Dismissed and Memorandum Opinion filed March 23, 2006

Dismissed and Memorandum Opinion filed March 23, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01094-CV

IN THE INTEREST OF Z.P.

_________________________________________________________

On Appeal from the 328th District Court

Fort Bend County, Texas

Trial Court Cause No. 05CV140617

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed October 11, 2005. Appellant filed a notice of appeal on October 11, 2005, stating that appellant was appealing a trial court order of October 11, 2005. The clerk=s record contains no order or judgment signed October 11, 2005. On October 25, 2005, appellant filed an amended notice of appeal, which also stated that appellant was appealing from an order signed October 11, 2005.

On February 9, 2006, this court ordered appellant to file, on or before March 2, 2006, an amended notice of appeal, stating the date of the final judgment appellant was appealing. In our order, the court notified appellant that failure to comply with the court=s order would result in dismissal of the appeal. Appellant filed two motions in response to our order. One was a motion to reconsider our order. The other was a motion to consolidate this appeal with a criminal appeal by appellant in cause number 14-06-00091-CR.

Although appellant argues that he made a bona fide attempt to invoke this court=s jurisdiction, our order of February 9, 2006, acknowledged this and noted that we must give appellant an opportunity to amend a defective perfecting instrument. We gave appellant an opportunity to amend the defective notice of appeal. Appellant failed to do so. Therefore, we deny the motion to reconsider our order of February 9, 2006. Because we are dismissing appellant=s appeal in this cause, we deny as moot appellant=s motion to consolidate this appeal with his criminal case.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 23, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

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Dismissed and Memorandum Opinion filed March 23, 2006

Dismissed and Memorandum Opinion filed March 23, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01094-CV

IN THE INTEREST OF Z.P.

_________________________________________________________

On Appeal from the 328th District Court

Fort Bend County, Texas

Trial Court Cause No. 05CV140617

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed October 11, 2005. Appellant filed a notice of appeal on October 11, 2005, stating that appellant was appealing a trial court order of October 11, 2005. The clerk=s record contains no order or judgment signed October 11, 2005. On October 25, 2005, appellant filed an amended notice of appeal, which also stated that appellant was appealing from an order signed October 11, 2005.

On February 9, 2006, this court ordered appellant to file, on or before March 2, 2006, an amended notice of appeal, stating the date of the final judgment appellant was appealing. In our order, the court notified appellant that failure to comply with the court=s order would result in dismissal of the appeal. Appellant filed two motions in response to our order. One was a motion to reconsider our order. The other was a motion to consolidate this appeal with a criminal appeal by appellant in cause number 14-06-00091-CR.

Although appellant argues that he made a bona fide attempt to invoke this court=s jurisdiction, our order of February 9, 2006, acknowledged this and noted that we must give appellant an opportunity to amend a defective perfecting instrument. We gave appellant an opportunity to amend the defective notice of appeal. Appellant failed to do so. Therefore, we deny the motion to reconsider our order of February 9, 2006. Because we are dismissing appellant=s appeal in this cause, we deny as moot appellant=s motion to consolidate this appeal with his criminal case.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 23, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

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