In the Matter of the Guardianship of Connie A. Schaffner, an Adult v. the State of Texas
This text of In the Matter of the Guardianship of Connie A. Schaffner, an Adult v. the State of Texas (In the Matter of the Guardianship of Connie A. Schaffner, an Adult v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-23-00063-CV
IN THE MATTER OF THE GUARDIANSHIP OF CONNIE A. SCHAFFNER, AN ADULT
On Appeal from the County Court Clay County, Texas1 Trial Court No. 2-22-G, Honorable Mike Campbell, Presiding
April 5, 2023 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.
Appellant, Sharon Hylton, filed a restricted appeal from a final order dated August
19, 2022, appointing permanent guardians for Connie A. Schaffner, an incapacitated
person. On February 24, 2023, appointed counsel for Schaffner filed a motion to dismiss
the appeal for lack of jurisdiction, noting that Hylton was not a party in the trial court and
lacked standing to pursue a restricted appeal. This Court requested that Hylton file a
response to the motion to dismiss no later than March 23, 2023. Hylton failed to respond.
1Pursuant to the Supreme Court’s docket equalization efforts, this case was transferred to this Court from the Second Court of Appeals. See TEX. GOV’T CODE ANN. § 73.001. Further, Hylton’s brief was due February 24, 2023. Hylton has failed to timely file a brief
and has not filed a motion requesting an extension of time for the filing of her brief. See
TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (authorizing dismissal of
appeal for want of prosecution if appellant fails to timely file brief).
Hylton has failed to file a brief, failed to provide any explanation for her failure to
file a brief, and failed to respond to a notice from this Court. Accordingly, we dismiss the
appeal for want of prosecution. See TEX. R. APP. P. 42.3(b) (authorizing dismissal for
want of prosecution), (c) (authorizing dismissal “because the appellant has failed to
comply with . . . a notice from the clerk requiring a response or other action within a
specified time”). Any pending motions are dismissed as moot.
Per Curiam
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
In the Matter of the Guardianship of Connie A. Schaffner, an Adult v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-guardianship-of-connie-a-schaffner-an-adult-v-the-texapp-2023.