Opinion
No. 10-16-00254-CV
11-16-2016
IN THE INTEREST OF H.L.H. AND A.H., CHILDREN
From the 413th District Court Johnson County, Texas
Trial Court No. DC-D201500336
ORDER
C.M.W. and M.K.H. each filed a first amended notice of appeal challenging the trial court's July 27, 2016 "Final Order of Termination" in trial court cause number DC-D201500336. Kimberly Gore also filed her notice of appeal challenging the trial court's July 5, 2016 order denying her original verified petition in intervention in trial court cause number DC-D201500336. The notices of appeal were assigned a single appellate cause number—10-16-00254-CV. See TEX. R. APP. P. 12.2(c) ("All notices of appeal filed in the same case must be given the same docket number.").
C.M.W.'s and M.K.H.'s original notices of appeal challenged an order that was indisputably interlocutory; therefore, their appeal was dismissed for want of jurisdiction. In re H.L.H., No. 10-16-00111-CV, 2016 WL 3224798, at *1 (Tex. App.—Waco Jun. 9, 2016, no pet.) (mem. op.).
On September 13, 2016, this Court received the appellant's briefs for C.M.W. and M.K.H. However, no brief has been filed for Gore. Accordingly, in a letter dated September 22, 2016, the Clerk of this Court notified Gore that, under Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3, the Court may dismiss her appeal for want of prosecution unless, within twenty-one days of the date of the letter, she filed with the Court a response showing grounds for continuing the appeal. See id. at R. 38.8(a)(1), 42.3(b).
More than twenty-one days have passed, and we have received no response from Gore. Accordingly, we dismiss Gore's appeal for want of prosecution. See id. at R. 42.3(b).
C.M.W.'s and M.K.H.'s appeals remain pending. --------
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Order issued and filed November 16, 2016
Do not publish
[CV06]