Dismissal and Opinion Filed October 16, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01173-CV
IN THE INTEREST OF J.D.R., A CHILD
On Appeal from the 256th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 97-12187
MEMORANDUM OPINION
Before Justices FitzGerald, Francis, and Myers
Opinion by Justice Francis
This is an appeal from the trial court’s July 17, 2013 child support order. Because no
timely motion for new trial was filed, the notice of appeal was due August 16, 2013 or, with a
timely extension motion, September 3, 2013. See TEX. RS. APP. P. 4.1(a), 26. Mother filed her
notice of appeal on August 21, 2013, within the extension period but without an extension
motion. By letter dated September 19, 2013, we directed Mother to file, within ten days, a
motion to extend time to file the notice of appeal. See id. 10.5(b), 26.3(b); Verburgt v. Dorner,
959 S.W.2d 615 (Tex. 1997). Because our jurisdiction is invoked upon the timely filing of a
notice of appeal, we cautioned Mother that failure to comply would result in dismissal of her
appeal without further notice. See TEX. RS. APP. P. 25.1, 42.3(a); Garza v. Hibernia Nat’l Bank,
227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). To date, Mother has not
responded or otherwise communicated with the Court. Accordingly, we dismiss the appeal. See
TEX. R. APP. P. 42.3(a).
/Molly Francis/
MOLLY FRANCIS
131173F.P05 JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF J.D.R., A CHILD On Appeal from the 256th Judicial District
Court, Dallas County, Texas
No. 05-13-01173-CV Trial Court Cause No. 97-12187.
Opinion delivered by Justice Francis.
Justices FitzGerald and Myers participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Jabari T. Robinson recover his costs, if any, of this appeal
from appellant Starchild Neal.
Judgment entered this 16th day of October, 2013.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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