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In re J.D.R.

Court of Appeals Fifth District of Texas at Dallas
Oct 16, 2013
No. 05-13-01173-CV (Tex. App. Oct. 16, 2013)

Opinion

No. 05-13-01173-CV

2013-10-16

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


Dismissal and Opinion Filed October 16, 2013

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).

_______________


JUSTICE
131173F.P05

JUDGMENT

IN THE INTEREST OF J.D.R., A CHILD No. 05-13-01173-CV

On Appeal from the 256th Judicial District

Court, Dallas County, Texas

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.

_______________

MOLLY FRANCIS

JUSTICE


Summaries of

In re J.D.R.

Court of Appeals Fifth District of Texas at Dallas
Oct 16, 2013
No. 05-13-01173-CV (Tex. App. Oct. 16, 2013)
Case details for

In re J.D.R.

Case Details

Full title:IN THE INTEREST OF J.D.R., A CHILD

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 16, 2013

Citations

No. 05-13-01173-CV (Tex. App. Oct. 16, 2013)