Opinion
No. 04-08-00494-CV
Delivered and Filed: January 14, 2009.
Appealed from the 224th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-PA-02701, Honorable Charles E. Montemayor, Judge Presiding.
DISMISSED FOR WANT OF PROSECUTION.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
This is an accelerated appeal from a judgment terminating Appellant Jose R.'s parental rights. The trial court has found that Jose R. is not indigent and that his appellate points are frivolous. See TEX. FAM. CODE ANN. § 263.405(b) (requiring a party intending to appeal a final termination order to file a statement of appellate points in the trial court); id. § 263.405(d)(2)-(3) (requiring the trial court to hold a hearing and determine whether appellant is indigent and whether the appeal is frivolous). On November 6, 2008, we ordered Jose R. to file, not later than November 26, 2008, a brief on the issues of whether he is indigent and whether the appeal is frivolous. See id. § 263.405(g). Neither the brief nor a motion for extension of time was filed. Therefore, on December 11, 2008, we ordered Jose R. to file, on or before December 22, 2008, his appellant's brief and a written response reasonably explaining (1) his failure to timely file the brief and (2) why appellee is not significantly injured by his failure to timely file a brief. We warned that if Jose R. failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Despite our warning, neither the brief nor a written explanation was filed. Therefore, we dismiss this appeal for want of prosecution.