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In re J.M.S.

Fourth Court of Appeals San Antonio, Texas
Mar 5, 2014
No. 04-13-00732-CV (Tex. App. Mar. 5, 2014)

Opinion

No. 04-13-00732-CV

03-05-2014

In the INTEREST OF J.M.S., a Child


MEMORANDUM OPINION


From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2008-CI-00346

Honorable David A. Canales, Judge Presiding

PER CURIAM Sitting: Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice
DISMISSED FOR WANT OF PROSECUTION

Appellant R.S. appeals the trial court's order signed August 16, 2014. On December 6, 2013, appellant's counsel filed a letter stating the parties had settled and appellant desired to dismiss the appeal. The clerk's office of this court informed counsel that appellant was required to file a motion to dismiss. Appellant's counsel advised that a motion would be forthcoming. However, when counsel failed to file the motion by January 2, 2014, the clerk's office contacted counsel. Counsel's office advised that counsel was on vacation, but a motion to dismiss would be filed the week of January 13, 2014. Again, no motion was filed.

The filing of the reporter's record was pending at the time counsel informed this court the parties had settled and a motion to dismiss would be filed. The reporter advised this court that counsel told the reporter not to file the record. Based on the representation to the reporter, the record was complete. Accordingly, on January 28, 2014, we ordered appellant to file appellant's brief on or before February 12, 2014. We advised appellant that if she failed to file a brief by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellant has not filed a brief.

We therefore order this appeal dismissed for want of prosecution. We further order that appellee J.S. recover his costs in this appeal from appellant R.S.

PER CURIAM


Summaries of

In re J.M.S.

Fourth Court of Appeals San Antonio, Texas
Mar 5, 2014
No. 04-13-00732-CV (Tex. App. Mar. 5, 2014)
Case details for

In re J.M.S.

Case Details

Full title:In the INTEREST OF J.M.S., a Child

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 5, 2014

Citations

No. 04-13-00732-CV (Tex. App. Mar. 5, 2014)