Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00732-CV
In the INTEREST OF J.M.S., a Child
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CI-00346
Honorable David A. Canales, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: March 5, 2014
DISMISSED FOR WANT OF PROSECUTION
Appellant R.S. appeals the trial court’s order signed August 16, 2014. On December 6,
2013, appellant’s counsel filed a letter stating the parties had settled and appellant desired to
dismiss the appeal. The clerk’s office of this court informed counsel that appellant was required
to file a motion to dismiss. Appellant’s counsel advised that a motion would be forthcoming.
However, when counsel failed to file the motion by January 2, 2014, the clerk’s office contacted
counsel. Counsel’s office advised that counsel was on vacation, but a motion to dismiss would be
filed the week of January 13, 2014. Again, no motion was filed.
The filing of the reporter’s record was pending at the time counsel informed this court the
parties had settled and a motion to dismiss would be filed. The reporter advised this court that
counsel told the reporter not to file the record. Based on the representation to the reporter, the
04-13-00732-CV
record was complete. Accordingly, on January 28, 2014, we ordered appellant to file appellant’s
brief on or before February 12, 2014. We advised appellant that if she failed to file a brief by the
date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a).
Appellant has not filed a brief.
We therefore order this appeal dismissed for want of prosecution. We further order that
appellee J.S. recover his costs in this appeal from appellant R.S.
PER CURIAM
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in the Interest of J.M.S., a Child
Combined Opinion