Opinion
No. 12-02-00297-CV.
Opinion delivered March 21, 2003.
Appeal from the County Court, Cherokee County, Texas, Tr. Ct. Case Number 29-436.
Panel consisted of WORTHEN, C.J. and GRIFFITH, J.
MEMORANDUM OPINION
This appeal is being dismissed for want of prosecution. Tex.R.App.P. 42.3(b). Appellant perfected his appeal on October 10, 2002. Thereafter, the record was filed on October 18, 2002, making Appellant's brief due on or before November 7, 2002. On November 20, 2002, this appeal was dismissed for failure to file a docketing statement. Best Interest and Protection of J.C.B., Jr. , No. 12-02-00297-CV (Tex.App.-Tyler November 20, 2002, no pet.) (not designated for publication), 2002 WL 31628756. The appeal was reinstated on January 8, 2003 after Appellant's attorney filed a completed docketing statement along with a motion for rehearing in which he alleged good cause for failure to file the docketing statement. Best Interest and Protection of J.C.B., Jr. , No. 12-02-00297-CV (Tex.App.-Tyler January 8, 2003, no pet.) (not designated for publication), 2003 WL 69493. Appellant's brief then became due on January 28, 2003.
Appellant failed to file his brief within the required time, and this court notified him on February 26, 2003 that the brief was past due. The notice also stated that if no response explaining the delay were received by March 10, 2003, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(c). As of March 20, 2003, Appellant has neither tendered his brief nor otherwise responded to this court's notice. Accordingly, Appellant's appeal is dismissed for want of prosecution pursuant to Rules of Appellate Procedure 38.8(a)(1) and 42.3.(b).
JUDGEMENT
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED that the appeal be, and hereby is, Dismissed, and that this decision be certified to the court below for observance.
MANDATE
TO THE COUNTY COURT AT LAW OF CHEROKEE COUNTY, GREETINGS: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 21st day of March, 2003, the cause upon appeal to revise or reverse your judgment between
THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF J.C.B., JR.
No. 12-02-00297-CV And Tr. Ct. Case Number 29,436
Opinion by Per Curiam.
was determined; and therein our said Court made its order in these words:
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED that the appeal be, and hereby is, Dismissed, and that this decision be certified to the court below for observance.
WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.
WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of ___, 200_.
CATHY S. LUSK, CLERK By:_________________ Deputy Clerk