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In Interest of T.B.

Court of Appeals of Texas, Twelfth District, Tyler
Sep 12, 2007
No. 12-06-00338-CV (Tex. App. Sep. 12, 2007)

Opinion

No. 12-06-00338-CV

Opinion delivered September 12, 2007.

Appeal from the 420th Judicial District Court of Nacogdoches County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


This appeal is being dismissed because Appellant has failed, after notice, to file a supplemental brief, i.e., an appendix. See TEX. R. APP. P. 42.3(b), (c). Appellant's brief was received on July 2, 2007. On that same date, the clerk of this court notified Appellant that the brief failed to comply with Texas Rule of Appellate Procedure 38.1(j), providing that an appellant's brief in a civil case must include an appendix and that the appendix must contain certain enumerated items. Appellant was further informed that if a supplemental brief correcting the defect was not filed on or before July 9, 2007, the brief would be deemed past due and returned to Appellant and the case would be presented to the court for dismissal.

On July 13, 2007, Appellant filed a motion requesting a seven day extension of time to file the required supplement. The motion was granted and Appellant's time for filing the supplement was extended to July 20, 2007. However, Appellant did not file the required supplement. On July 26, 2007, the clerk notified Appellant that neither the required supplemental brief nor a motion for extension of time for filing the supplement had been received. Appellant was further informed that the appeal could be dismissed for want of prosecution, see TEX. R. APP. P. 42.3(b), unless a motion for extension of time, containing a reasonable explanation for such failure and showing that Appellee has not suffered material injury thereby, was filed not later than August 6, 2007. On August 6, 2007, Appellant filed a second motion requesting an extension of time for filing the requested supplement. The court granted Appellant's motion and extended the time for filing the supplement until August 8, 2007. However, Appellant did not file the requirement supplement.

On August 16, 2007, the clerk notified Appellant that the appeal would be presented to the court for dismissal if no supplemental brief was received on or before August 27, 2007. No supplemental brief has been filed. Accordingly, this appeal is dismissed for want of prosecution . See TEX. R. APP. P. 42.3(b), (c).


Summaries of

In Interest of T.B.

Court of Appeals of Texas, Twelfth District, Tyler
Sep 12, 2007
No. 12-06-00338-CV (Tex. App. Sep. 12, 2007)
Case details for

In Interest of T.B.

Case Details

Full title:IN THE INTEREST OF T.B., AND J.W., CHILDREN

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Sep 12, 2007

Citations

No. 12-06-00338-CV (Tex. App. Sep. 12, 2007)