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MEMORANDUM OPINION
No. 04-08-00539-CV
IN THE INTEREST OF R.R.R., et al.
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-PA-00866
Honorable Richard Garcia, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: February 25, 2009
DISMISSED FOR WANT OF PROSECUTION
This is an accelerated appeal from a judgment terminating appellant’s parental rights. The
trial court found the points on which appellant intends to appeal to be frivolous. On November 6,
2008, this court ordered appellant to provide written proof to this court that either (1) the reporter’s
fee has been paid or arrangements have been made to pay the reporter’s fee; or (2) appellant is
entitled to appeal without paying the reporter’s fee. Our order informed appellant that if he failed
to respond within the time provided, the court would consider only those issues raised in appellant’s
brief that do not require a reporter’s record for a decision. See TEX . R. APP . P. 37.3(c). Appellant
did not respond to our order. On December 4, 2008, we ordered appellant to file a brief on the issue
04-08-00539-CV
of whether the appeal is frivolous. Neither a brief nor a motion to extend time was filed. Appellant
is represented on appeal by retained attorney Orlando Kell. Because Mr. Kell did not respond to any
of this court’s orders, on January 15, 2009, this court ordered Mr. Kell to show cause in writing why
this appeal should not be dismissed for want of prosecution. See TEX . R. APP . P. 42.3(b). Our order
informed Mr. Kell that if he did not respond by January 26, 2009, this appeal would be dismissed
for want of prosecution. Id. No response has been filed. Accordingly, the appeal is dismissed for
want of prosecution. See TEX . R. APP . P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against
appellant.
PER CURIAM
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04-08-00539-CV
in the Interest of R.R.R., Children
Combined Opinion