In the Matter of M.S. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 7, 2025
• Docket: 01-24-00649-CV
• Status: Published

Opinion

Opinion issued August 7, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00649-CV ——————————— IN THE MATTER OF M.S.

On Appeal from the 314th District Court Harris County, Texas Trial Court Case No. 2022-00784J

MEMORANDUM OPINION

Appellant attempts to appeal a juvenile court order transferring appellant to

the Institutional Division of the Texas Department of Criminal Justice pursuant to

Texas Family Code Section 54.11. On November 26, 2024, our Court issued an order

striking appellant’s brief tendered on November 18, 2024 for failing to comply with

Texas Rules of Appellate Procedure 9.8 and 9.9. See TEX. R. APP. P. 9.8(c) (requiring

that in appeal arising out of case under Title 3 of Family Code, “in all papers submitted to the court, including all appendix items submitted with a brief,” “a minor

must be identified only by an alias” and “all documents must be redacted

accordingly”); TEX. R. APP. P 9.9 (concerning privacy protection for documents filed

in civil cases). Appellant was ordered to file a corrected brief by December 6, 2024.

Appellant did not file a brief by the ordered deadline.

On July 15, 2025, our Court issued an order notifying appellant that this

appeal would be dismissed for want of prosecution unless appellant’s brief was filed

by July 25, 2025. See TEX. FAM. CODE § 56.01(b) (requirements governing appeal

of juvenile court orders are as in civil cases generally); TEX. R. APP. P. 38.6(a)

(governing time to file brief), 38.8(a) (governing failure of appellant to file brief);

TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case). Appellant did not

respond, and a brief has not been filed.

Accordingly, we dismiss this appeal for want of prosecution for failure to

timely file a brief. See In re J.W., No. 01-12-00410-CV, 2012 WL 5381321, at *1

(Tex. App.—Houston [1st Dist.] Nov. 1, 2012, no pet.) (dismissing appeal of

juvenile court order for failure to file brief); In re E.B., No. 08-07-00210-CV, 2008

WL 217366, at *1 (Tex. App.—El Paso Jan. 25, 2008, no pet.) (same); In re R.L.,

Jr., No. 13-06-397-CV, 2006 WL 3742969, at *1 (Tex. App.—Corpus Christi Dec.

21, 2006, no pet.) (same). We dismiss any pending motions as moot.

2 Appellant has fifteen days from today to file a motion for rehearing requesting

the Court to vacate its opinion and judgment and to permit appellant to file an

untimely brief. See TEX. R. APP. P. 49.1.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Caughey and Johnson.