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).
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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.
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MOLLY FRANCIS
JUSTICE