Opinion
No. 05-02-01786-CV
Opinion issued May 12, 2003
On Appeal from the 303rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. DF-98-12130-V.
DISMISSED
Before Justices Bridges, O'Neill, and FitzGerald
MEMORANDUM OPINION
Appellant's brief was due to be filed on April 2, 2003, and has not been filed. Appellant filed a notice of appeal of the trial court's order transferring suit affecting parent-child relationship. "An order transferring or refusing to transfer the proceeding is not subject to interlocutory appeal." Tex. Fam. Code Ann. § 155.204 (Vernon 2002). By letter dated March 4, 2003, appellant was instructed to address the Court's jurisdictional concern regarding this appeal of the trial court's order transferring suit affecting parent-child relationship in his brief on the merits due to be filed on April 2, 2003. However, appellant did not file his brief on April 2, 2003 or any other response.
By letter dated April 18, 2003, appellant was informed that time to file his brief had expired. He was directed to file his brief, with a motion for extension of time to file brief, within ten days, and instructed that failure to do so would result in the dismissal of his appeal. Appellant has failed to respond to the Court's notice and no brief has been filed.
Therefore, on the Court's own motion, this appeal is DISMISSED for want of jurisdiction and want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(a),(b),(c).