Opinion
No. 04-05-00273-CV
Delivered and Filed: October 26, 2005.
Appeal from the 25th Judicial District Court, Guadalupe County, Texas, Trial Court No. 04-1205-CV, Honorable Dwight E. Peschel, Judge Presiding.
The Honorable Karin Bonicoro, Associate Judge, presided over the trial and post-judgment proceedings in this case.
Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
David Whigby appeals the judgment terminating his parental rights and the trial court's order finding that Whigby failed to establish he is indigent and that his appeal is frivolous. See Tex. Fam. Code Ann. § 263.405 (Vernon 2002). Whigby's brief on the issues of indigence and whether this appeal is frivolous was due September 8, 2005, but was not filed. Therefore, on September 22, 2005, we ordered Whigby to file his brief not later than October 3, 2005, and advised Whigby that if he failed to file the brief by the date ordered, we would dismiss the appeal for want of prosecution. See Tex.R.App.P. 38.8(a). Whigby has not filed a brief.
We therefore order this appeal dismissed for want of prosecution. We further order David Whigby to bear all costs of this appeal.