in the Matter of the Marriage of Trisha Penn and Brian Penn

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-12-00017-CV

IN THE MATTER OF THE MARRIAGE OF TRISHA PENN AND BRIAN PENN

From the 378th District Court Ellis County, Texas Trial Court No. 80621D

MEMORANDUM OPINION

Brian Penn appeals from a final decree of divorce signed on September 23, 2011.

By letter dated January 31, 2012, the Clerk of this Court notified Penn that the appeal

was subject to dismissal because it appeared the notice of appeal was untimely. TEX. R.

APP. P. 26.1. Because it appeared that a motion for new trial was filed, the notice of

appeal would have been due on December 22, 2011. See id. (a). It was not filed until

January 11, 2012. The Clerk also warned Penn that the appeal would be dismissed

unless, within 21 days of the date of the letter, a response was filed showing grounds

for continuing the appeal. See TEX. R. APP. P. 42.3; 44.3. We have not received a

response. Accordingly, this appeal is dismissed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Judge Morris1 Appeal dismissed Opinion delivered and filed March 14, 2012 [CV06]

1Rick Morris, Judge of the 146th District Court of Bell County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (West 2005).

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