In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00470-CV
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IN RE COMMITMENT OF JOHN MICHAEL ENARD
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On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 12-01-00977 CV
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MEMORANDUM OPINION
The State filed a motion to dismiss John Michael Enard’s appeal of a civil
commitment, ordered after a jury found Enard to be a sexually violent predator.
See Tex. Health & Safety Code Ann. § 841.001-.151 (West 2010 & Supp. 2012)
(SVP statute). The SVP commitment order was not stayed pending appeal. See
Tex. Health & Safety Code Ann. § 841.081(a) (West 2010). The State alleged that
on January 29, 2013, Enard violated the terms of the SVP order by leaving his
court-ordered residence without prior written authorization from the trial court, and
that Enard did not voluntarily return to his residence.
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On March 21, 2013, we ordered that the appeal would be dismissed with
prejudice unless, within ten days, Enard complied with the trial court’s SVP
commitment order by returning to the Southeast Texas Transitional Center or by
surrendering himself to an officer with the power to execute the warrant for his
arrest. Enard has not shown that he has complied with the trial court’s order within
the time specified in this Court’s order of March 21, 2013.
Enard failed to comply with a court order. See Tex. R. App. P. 42.3(c). We
provided an opportunity to explain why the appeal should not be dismissed, but
Enard has not shown that good cause exists to retain his appeal. The appeal is
dismissed with prejudice. See In re Commitment of Rubio, No. 09-11-00602-CV,
2013 WL 541896, at *1 (Tex. App.—Beaumont Feb. 14, 2013, no pet. h.) (mem.
op.).
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Opinion Delivered April 11, 2013
Before McKeithen, C.J., Gaultney and Horton, JJ.
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