IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
DECEMBER 13, 2002
______________________________LEONE PLUMMER,
Appellant
v.
CHARLENE J. REEVES,
Appellee _________________________________
FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY;
NO. 37,940-C; HON. PATRICK A. PIRTLE, PRESIDING
________________________________
Before QUINN and REAVIS, JJ. and BOYD, SJ. (1)
By previous opinion, we dismissed appellant's appeal for lack of prosecution due to her failure to file a brief by December 9, 2002. However, appellant's pro se brief had in fact been tendered to the clerk by December 9th, though that fact was not made known to the court. Consequently, we vacate and withdraw our original opinion and judgment and reinstate the cause on our docket. We also deny appellee's pending motion to dismiss the appeal for want of prosecution.
However, we note that the brief submitted by appellant fails to conform to the Rules of Appellate Procedure. We particularly draw appellant's attention to the requirements of Rule 38.1. Appellant is ordered to file a brief conforming with that rule and all other applicable rules of procedure on or before December 27, 2002, or the appeal will be dismissed.
It is so ordered.
Per Curiam
Do not publish.
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't code ann. §75.002(a)(1) (Vernon Supp. 2002).
tyle="font-family: 'Arial', sans-serif">MARCH 13, 2009
______________________________
IN THE INTEREST OF T.J.P. AND E.A.P., MINOR CHILDREN
_________________________________
FROM THE 223RD DISTRICT COURT OF GRAY COUNTY;
NO. 34,886; HONORABLE LEE WATERS, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Amanda M. Perkins, filed a pro se notice of appeal challenging the trial court’s possession order appointing her and Appellee, James C. Palmitier, joint managing conservators of their minor children. Both the clerk’s record and reporter’s record have been filed. Appellant’s brief was due to be filed on February 5, 2009, but has yet to be filed. By letter dated February 13, 2009, Perkins was notified of the defect and directed to file the brief on or before February 23, 2009, noting that failure to comply might result in dismissal of the appeal pursuant to applicable rules of appellate procedure. See Tex. R. App. P. 38.8(a)(1) and 42.3(b) and (c). Perkins was further notified that the untimely filing of the brief would require an accompanying motion for extension of time. Tex. R. App. P. 38.6. Perkins did not respond to this Court’s notice. Neither was the brief nor a motion for extension of time filed.
Consequently, we dismiss this appeal for want of prosecution and failure to comply with an order of this Court.
Patrick A. Pirtle
Justice