Starchild Neal v. Jabarri T. Robinson

• Court: Court of Appeals of Texas
• Decided: October 16, 2013
• Docket: 05-13-01173-CV
• Status: Published

Opinion

Dismissal and Opinion Filed October 16, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01173-CV

IN THE INTEREST OF J.D.R., A CHILD

On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. 97-12187

MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Myers Opinion by Justice Francis

This is an appeal from the trial court’s July 17, 2013 child support order. Because no

timely motion for new trial was filed, the notice of appeal was due August 16, 2013 or, with a

timely extension motion, September 3, 2013. See TEX. RS. APP. P. 4.1(a), 26. Mother filed her

notice of appeal on August 21, 2013, within the extension period but without an extension

motion. By letter dated September 19, 2013, we directed Mother to file, within ten days, a

motion to extend time to file the notice of appeal. See id. 10.5(b), 26.3(b); Verburgt v. Dorner,

959 S.W.2d 615 (Tex. 1997). Because our jurisdiction is invoked upon the timely filing of a

notice of appeal, we cautioned Mother that failure to comply would result in dismissal of her

appeal without further notice. See TEX. RS. APP. P. 25.1, 42.3(a); Garza v. Hibernia Nat’l Bank,

227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). To date, Mother has not responded or otherwise communicated with the Court. Accordingly, we dismiss the appeal. See

TEX. R. APP. P. 42.3(a).

/Molly Francis/ MOLLY FRANCIS 131173F.P05 JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF J.D.R., A CHILD On Appeal from the 256th Judicial District Court, Dallas County, Texas No. 05-13-01173-CV Trial Court Cause No. 97-12187. Opinion delivered by Justice Francis. Justices FitzGerald and Myers participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Jabari T. Robinson recover his costs, if any, of this appeal from appellant Starchild Neal.

Judgment entered this 16th day of October, 2013.

/Molly Francis/ MOLLY FRANCIS JUSTICE

–3–