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In re O.A.P.

Court of Appeals Seventh District of Texas at Amarillo
Aug 11, 2015
No. 07-15-00040-CV (Tex. App. Aug. 11, 2015)

Opinion

No. 07-15-00040-CV

08-11-2015

IN THE INTEREST OF O.A.P., A CHILD


On Appeal from the 237th District Court Lubbock County, Texas
Trial Court No. 2011-559,782, Honorable Leslie Hatch, Presiding

MEMORANDUM OPINION

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant, Ezekiel Tovar, appeals an order adjudicating parentage and affecting the parent-child relationship. We dismiss the appeal for want of prosecution.

We previously dismissed this appeal for want of jurisdiction, but later granted appellant's motion for rehearing, vacated our order of dismissal, and reinstated the appeal on our docket. See In the Interest of O.A.P., No. 07-15-00040-CV, 2015 Tex. App. LEXIS 2715 (Tex. App.— Amarillo March 20, 2015, order).

Appellant's brief was due on May 20, 2015. On that date, appellant moved for an extension of time to file his brief. This Court granted appellant's motion and ordered the brief due by June 19, 2015. Before this deadline, appellant filed a second motion for extension. The Court granted his motion and ordered the brief due by July 20, 2015. On July 20, appellant filed a third motion for extension. The Court granted the motion and extended the deadline to July 30, 2015. In its order, the Court notified appellant that no further extensions would be granted and that failure to file a brief by this deadline would result in dismissal of the appeal for want of prosecution and failure to comply with a court order.

Appellant did not file a brief by July 30, 2015. Instead, a day later, appellant filed a fourth motion for extension seeking until August 3, 2015 to file his brief. The Court has yet to receive a brief from appellant.

Consequently, we deny appellant's fourth motion for extension and dismiss the appeal for want of prosecution and failure to comply with a court order. TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

We refer appellant to Texas Rule of Appellate Procedure 49; it concerns requests for rehearing. Should appellant file such a motion accompanied by a brief comporting with the Rules of Appellate Procedure, it will be considered in due course. --------

Per Curiam


Summaries of

In re O.A.P.

Court of Appeals Seventh District of Texas at Amarillo
Aug 11, 2015
No. 07-15-00040-CV (Tex. App. Aug. 11, 2015)
Case details for

In re O.A.P.

Case Details

Full title:IN THE INTEREST OF O.A.P., A CHILD

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Aug 11, 2015

Citations

No. 07-15-00040-CV (Tex. App. Aug. 11, 2015)