in the Matter of B. R.

• Court: Court of Appeals of Texas
• Decided: December 11, 1997
• Docket: 03-97-00283-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-97-00283-CV

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In the Matter of B. R.

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. J-14,934, HONORABLE W. JEANNE MEURER, JUDGE PRESIDING

PER CURIAM

On May 27, 1997, the Clerk's office marked "Received," but did not file the transcript in this appeal. The transcript was not filed because it did not show that the appeal was properly perfected. The appellant, a juvenile, had sought to perfect its appeal by filing a notice of appeal. Under the rules of appellate procedure then in effect, the juvenile must have perfected by filing a cost bond or substitute. See, e.g., former Tex. R. App. P. 40(a)(1); Brennan v. Court of Appeals, Fourteenth Dist., 444 S.W.2d 290, 292 (Tex. 1968); In the Matter of T.D.S., 810 S.W.2d 906, 907 (Tex. App.--San Antonio 1991, writ denied).

The Clerk wrote appellant on June 4, 1997, and again on September 25, 1997, offering appellant the opportunity to amend by filing an appropriate perfecting instrument. See Linwood v. NCNB Tex., 885 S.W.2d 102 (Tex. 1994). Appellant was advised that the Court had no jurisdiction in the absence of a proper perfecting instrument. Davies v. Massey, 561 S.W.2d 799, 801 (Tex. 1978). Appellant was also cautioned that the Court could dismiss on its own motion if it did not amend the notice of appeal. See former Tex. R. App. P. 54(c); 60(a)(2). Appellant has not responded to either letter. The appeal is dismissed.

Before Justices Powers, Aboussie and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: December 11, 1997

Do Not Publish