in the Interest of C.D.H., a Child

MEMORANDUM OPINION



No. 04-05-00273-CV


IN THE INTEREST OF C.D.H.


From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 04-1205-CV

Honorable Dwight E. Peschel, Judge Presiding


PER CURIAM

 

Sitting:            Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

 

Delivered and Filed:   October 26, 2005


DISMISSED

            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.

 

                                                                                    PER CURIAM