NO. 12-07-00366-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
§ APPEAL FROM THE 321ST
IN THE INTEREST OF C.M.M.,
A CHILD § JUDICIAL DISTRICT COURT OF
§ SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant perfected her appeal on July 12, 2007. Thereafter, the clerk’s record was filed on December 7, 2007, making Appellant’s brief due on or before January 7, 2008. When Appellant failed to file her brief within the required time, this court notified her on January 18, 2008 that the brief was past due and warned that if no motion for extension of time to file the brief was received by January 28, 2008, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The notice further informed Appellant that the motion for extension of time must contain a reasonable explanation for her failure to file the brief and a showing that Appellee had not suffered material injury thereby.
To date, Appellant has not complied with this court’s January 18, 2008 notice. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.(b).
Opinion delivered January 31, 2008.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)